CLA-2 CO:R:C:G 083736 AJS
TARIFF NO: 7216.10.0010
Mr. Ronald H. Melvin
Halfen Anchoring Systems
30360 Edison Drive
Roseville, MI 48305-7069
RE: Steel Channel New York ruling letter 828930
Dear Mr. Melvin:
We have been asked to review NY ruling letter 828930 issued
to your office on May 13, 1988, which dealt with the class-
ification of a hot rolled plain back nonalloy steel channel.
In that ruling the article in question was classified
within subheading 7216.50.00, HTSUSA, which provides for other
angles, shapes and sections of iron or nonalloy steel, not
further worked than hot-rolled, hot-drawn or extruded. Upon
reconsideration we conclude that this classification was
incorrect.
The Explanatory Notes to heading 72.16 state that U sections
include steel channels. Subheading 7216.10.00, HTSUSA, provides
for U sections not further worked than hot-rolled and of a height
less than 80 mm. Thus the terms of this subheading would
specifically describe the articles in question. This provision
would be controlling over subheading 7216.50.00, which is a so-
called "basket" provision covering non-specifically described
steel sections.
NY ruling letter 828930 is modified to the extent that the
hot rolled plain back nonalloy steel channel is classified within
subheading 7216.10.00, HTSUSA, as a hot rolled U section dutiable
at the rate of 0.9 percent. This duty rate is the same as that
-2-
which was imposed under 7216.50.00, so no refund or additional
duty is required. This modification is issued pursuant to 19 CFR
177.9 (d).
Sincerely,
John Durant, Director
Commercial Rulings Division