The tariff classification of fence posts from China.

N153578 March 30, 2011 CLA-2-73:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7306.61.5000; 7308.90.9590 Ms. Julie Brining John M. Brining Co., Inc. 202 Congress Street Mobile, Alabama 36603 RE: The tariff classification of fence posts from China. Dear Ms. Brining: In your letter dated March 14, 2011, on behalf of NW Sourcing Ltd., you requested a tariff classification ruling. The products to be imported are steel fence posts meeting ASTM A500, the standard specification for cold-formed welded and seamless carbon steel structural tubing in rounds and shapes. Galvanized and then gloss black powder coated on the outside, these welded square tubes will be imported in three different conditions: plain ended, swaged or with two pre-drilled holes. They are available in a variety of sizes and will have wall thicknesses of 1.990 mm, 1.613 mm or 1.310 mm. The applicable subheading for the plain ended and pre-drilled tubes will be 7306.61.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of noncircular cross section, of square or rectangular cross section, having a wall thickness of less than 4 mm, of iron or nonalloy steel. The rate of duty will be free. The applicable subheading for the swaged tubes will be 7308.90.9590, HTSUS, which provides for provides for structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel, plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures of iron or steel, other, other, other, other, other. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You have asked whether these products are subject to antidumping duties or countervailing duties (AD/CVD).Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on "Contact Us"). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on "Antidumping and countervailing duty investigations"), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on "Import" and "AD/CVD"). 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 Mary Ellen Laker at (646) 733-3020. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division