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NY R02216

July 26, 2005

CLA-2-73:RR:NC:N1:113 R02216


TARIFF NO.: 7325.99.5000

Mr. Richard Zupito
Montgomery International, Inc.
341 Erickson Avenue
Box 124
Essington, PA 19029-0124

RE: The tariff classification of sewer and drain castings from France and Brazil

Dear Mr. Zupito:

In your letter dated June 30, 2005, on behalf of CertainTeed Corporation, you requested a tariff classification ruling.

The merchandise consists of manhole covers, rings, frames, and grates, all made from ductile iron castings. The products will be used for sewage and storm water drainage systems. The castings include the following articles:

PAMREX 24-inch manhole cover and frame
PAMREX 24-inch ventilated manhole cover and frame PAMREX 24-inch catch pit grating and frame PAMREX 28-inch manhole cover and frame
PAMREX 32-inch manhole cover and frame
PAMREX 32-inch ventilated manhole cover and frame REXUS 24-inch manhole cover and frame
REXUS 24-inch square grating and frame
PAMTIGHT 24-inch pressure tight cover
SELECTA MAXI T profile curb grate
SELECTA 500 A profile curb grate
SELECTA 500 T profile curb grate
SELECTA MAXI A profile curb grate

In your letter, you suggest classification of the castings under heading 7325.10, HTS. The literature included with your request indicates that the castings are made of ductile iron, which is malleable. Heading 7325.10, HTS, covers only non-malleable castings.

The applicable subheading for the manhole covers, rings, frames, and grates will be 7325.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for other cast articles of iron or steel, other, other, other. The general rate of duty will be 2.9 percent ad valorem.

Articles classifiable under subheading 7325.99.5000, HTS, which are products of Brazil may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 James Smyth at 646-733-3018.


Robert B. Swierupski

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