For purposes of this order, the products covered consist of all ``U'' shaped or ``hat'' shaped lawn and garden fence posts made of steel and/or any other metal, weighing 1 pound or less per foot, and produced in the PRC. The fence posts included within the scope of this order weigh up to 1 pound per foot and are made of steel and/or any other metal. Imports of these products are classified under the following categories: fence posts, studded with corrugations, knobs, studs, notches or similar protrusions with or without anchor posts and exclude round or square tubing or pipes.
These posts are normally made in two different classes, light and heavy duty. Light duty lawn and garden fence posts are normally made of 14 gauge steel (0.068 inches - 0.082 inches thick), 1.75 inches wide, in 3, 4, 5, or 6 foot lengths. These posts normally weigh approximately 0.45 pounds per foot and are packaged in mini-bundles of 10 posts and master bundles of 400 posts. Heavy duty lawn and garden steel fence posts are normally made of 13 gauge steel (0.082 inches - 0.095 inches thick), 3 inches wide, in 5, 6, 7, and 8 foot lengths. Heavy duty posts normally weigh approximately 0.90 pounds per foot and are packaged in mini-bundles of 5 and master bundles of 200. Both light duty and heavy duty posts are included within the scope of the order.
Imports of these products are classified under the Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7308.90.3000, 7308.90.6000 and 7326.90.85.35. Fence posts classified under subheading 7308.90 are also included within the scope of the order if the fence posts are made of steel and/or metal.
Specifically excluded from the scope are other posts made of steel and/or other metal including “tee”' posts, farm posts, and sign posts, regardless of weight. Tee posts are made by rolling red hot steel into a “T”' shape. These posts do not have tabs or holes to help secure fencing to them and have primarily farm and industrial uses.\1\ Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise under order is dispositive. |