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NY L85132

June 3, 2005

CLA-2-73:RR:NC:N1:117 L85132


TARIFF NO.: 7302.40.0000

Ms. Shelley Vybiral
Lord Corporation
2000 W. Grandview Blvd.
Erie, PA 16509

RE: The tariff classification of tie plates from China.

Dear Ms. Vybrial:

In your letter dated May 12, 2005 you requested a tariff classification ruling.

Included with your request is a sample and pictures of a sandwich tie plate. The tie plate is made of either iron or steel and is used in the construction of light rail systems. The top plate of the sandwich has attachment features so that a spring clamp can be installed to hold the rail in position. The bottom plate of the sandwich will be affixed to the concrete foundation through the use of anchorage bolts. The tie plate is partially encased in a rubber skin that provides the benefit of reducing ground borne noise and vibration due to train passage. The tie plate will be imported with or without the fastening hardware.

The applicable subheading for the sandwich tie plate whether or not incorporating the hardware will be 7302.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish plates, chairs, chair wedges, sole plate (base plates), rail clips, bedplates, ties and other material specialized for jointing or fixing rails: fish plates and sole plates. The rate of duty will be free.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Gloria Stingone at 646-733-3020.


Robert B. Swierupski

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