CLA-2-73:S:N:N1:118 850050
TARIFF NOS.: 7314.20.0000; 7326.90.9090; 7308.90.9090
Mr. Brett Taylor
Aftex Trading Company
P.O. Box 802631
Dallas, Texas 75380-2631
RE: The tariff classification of wire fencing grills (roll-top
fencing), fence posts, and gates from South Africa.
Dear Mr. Taylor:
In your letter dated February 26, 1990, you requested a tariff
classification ruling.
The fencing grill is formed by welding straight horizontal 4 mm
wires to vertical 10 mm wires which have been bent to form a loop at
the top. The loops are perpendicular to the plane of the grill and
when the horizontal wires are attached, the loops add rigidity at the
top of the grill. The grills are all under 8 feet in length and will
be imported in heights ranging from 2 feet 11 inches to 3 feet 11
inches. After importation they will be attached to the imported fence
posts with domestically sourced hardware. The fence posts measure 50
mm in diameter and their lengths will vary according to the height of
the fence to be erected. The posts, in their imported condition are
round steel tubes with a cap welded to one end, and holes crossed
drilled to facilitate attachment of the grills. You will import two
posts with every three fencing grills. The gates are steel wire
grills mounted on steel frames. There will be single walk through
gates and double drive through gates. You will stock the imported
materials and use them, as orders are received, to build fences around
yards and swimming pools.
The applicable subheading for the wire fencing grills will be
7314.20.0000, Harmonized Tariff Schedule of the United States (HTS),
which provides for steel grill, netting and fencing, welded at the
intersection, of wire with a maximum cross-sectional dimension of 3 mm
or more and having a mesh size of 100 cm2 or more. The rate of duty
will be 5.7 percent ad valorem.
The applicable subheading for the fence posts will be
7326.90.9090, (HTS), which provides for other articles of iron or
steel. The rate of duty will be 5.7 percent ad valorem.
The applicable subheading for the fence gates will be
7308.90.9090, (HTS), which provides for structures and parts of
structures, of iron or steel: Other: Other. The rate of duty will be
5.7 percent ad valorem.
This ruling is being issued under the provisions of Section 177
of the Customs Regulations (19 C.F.R. 177).
Executive Order 12532 September 9, 1985, and subsequent notices
published in the Federal Register prohibit certain transactions
involving South Africa. No article, with certain listed exceptions,
that is grown, produced, manufactured by, marketed by, or otherwise
exported by a parastatal organization may be imported into the United
States. The goods which are the subject of the above classification
ruling are not prohibited if there is no parastatal involvement in the
transaction. If the importer asserts that the imported articles were
not grown, produced, manufactured, marketed or otherwise exported by a
parastatal organization, he shall file the following declaration:
These goods were obtained from , which is not a
parastatal entity of South Africa, and these goods were not
grown, produced, manufactured, marketed, or otherwise exported by
a parastatal organization.
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