CLA-2-39:S:N:N6:221 881533

Mr. Kenneth G. Weigel
Baker and Hostetler
Washington Square, Suite 1100
1050 Connecticut Avenue, N.W.
Washington, D.C. 20036-5304

RE: The tariff classification of fibra rods from Japan.

Dear Mr. Weigel:

In your letter dated December 18, 1992, on behalf of Mitsui & Company (U.S.A.), Inc., you requested a tariff classification ruling.

The samples submitted with your request are fibra rods, used as structural reinforcing rods for concrete. They are available in diameters of 3 mm, 5 mm, 7 mm, 11 mm, 13 mm and 15 mm. They include fibra rigid, fibra flexible and fibra hybrid styles.

The fibra rigid rods and fibra flexible rods are made of aramid or vinylon fibers gathered into bundles, braided, impregnated with an epoxy resin and partially cured. The rods are then sprinkled with sand, dried, and subjected to a second curing process. No additional processes are performed after the final curing. The fibra rigid rods are cut to length, with a maximum length of 8 meters due to transportation limitations. Fibra flexible rods are produced using the same process, with one additional process to make them flexible, and they are wound into coils rather than cut to length. Fibra hybrid rods are a combination of carbon steel and aramid or vinylon fibers. The fibers are bundled, braided around carbon steel wire or rod core, impregnated with epoxy resin, cured and cut to length.

The applicable subheading for the fibra rigid and fibra flexible rods will be 3916.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for monofilament...rods, sticks and profile shapes, whether or not surface-worked but not otherwise worked, of plastics, other. The rate of duty will be 5.8 percent ad valorem. Your inquiry does not provide enough information for us to give a classification ruling on the fibra hybrid rods. Your request for a classification ruling should include a sample of the product to be imported. Specify whether the core is made of strand or rod. Include a chemical analysis of the steel. Describe in detail the processes used to form the rods.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport