United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1990 HQ Rulings > HQ 0083059 - HQ 0083167 > HQ 0083161

Previous Ruling Next Ruling


HQ 083161


September 26, 1989

CLA-2 CO:R:C:G 083161 JMH

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.90.10

Mr. Francis L. Carey
A. N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703

RE: Steel clad half discs from France

Dear Mr. Carey:

This is in regard to New York Ruling 831047 issued on October 3, 1988, concerning the classification of steel clad half discs being imported from France.

As stated in the ruling, the classification of your merchandise under heading 7219.90.00, of the Harmonized Tariff Schedule of the United States (HTSUSA), represented our position at that time. We now conclude that this ruling is in error.

It is the opinion of this office that the correct classification for your steel clad half discs is under heading 7210.90.10, HTSUSA. Heading 7210.90.10, HTSUSA, describes "Flat rolled products of iron or nonalloy steel, of a width of 600mm or more, clad...[o]ther..."

Classification of merchandise according to the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 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..." Chapter 72, Note 2, HTSUSA, provides that when a ferrous metal is clad with another ferrous metal, classification is based upon the ferrous metal predominating by weight.

Further support for this change in classification is found in the Explanatory Notes to the HTSUSA. General Explanatory Note(III)(C)(2)(e), Harmonized Commodity Description and Coding System, Vol. 3, p. 982, states:

Iron or steel products, clad with another ferrous metal, which, according to the
composition of the original products, or of the cladding metal, could be classified in two sub-Chapters (II, III, or IV) have similarly to be classified according to the metal predominating by weight..."

Although not dispositive, the Explanatory Notes are to be looked to for guidance of the proper interpretation of the HTSUSA.

Therefore, the proper classification for steel clad half discs is under heading 7210.90.10, HTSUSA. The rate of duty is 6.5 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division

Previous Ruling Next Ruling

See also: