CLA-2-73:S:N:N3:115 803549

Mr. George Hotard
Schenker International, Inc.
4709 LaGuardia Drive, Suite 160
St. Louis, MO 63134

RE: The tariff classification of trays from France.

Dear Mr. Hotard:

In your letter dated October 21, 1994, you requested a tariff classification ruling, on behalf of your client, G.S. Metals, Inc. The subject items are trays for use in building construction. They will specifically be used in ceilings as troughs in which wiring will be run and will be made of steel or stainless steel. Each tray will come in lengths of 3 meters.

The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1, HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...". This Rule applies to your product.

The applicable subheading for the trays will be 7326.20.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel wire, other. The duty rate will be 5.7% ad valorem.

Consideration was given to classifying this product under subheading 7314.20.00, HTS, as you have suggested. However, the product is an article of steel wire and heading 7326 has been deemed more appropriate.

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