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HQ 083929


May 18, 1989

CLA-2:CO:R:C:G 083929 JAS

CATEGORY: CLASSIFICATION

TARIFF NO.: 9817.00.9080

David J. Drage
Remelt Sources, Inc.
24815 Duffield Road
Cleveland, Ohio 44122

RE: Classification of Rolled Bars For Remelting

Dear Mr. Drage:

In your letter of January 29, 1989, you inquire as to the tariff classification of continuously cast billets and rolled bars imported from Canada for remelting to recover their metallic content. You subsequently informed our New York office by telephone that the request was intended to cover rolled bars only. Our ruling follows.

FACTS:

Rolled bars in random lengths are to be imported into the Customs territory where they will be sheared or saw cut, typically to 15 inch lengths and to weights of between 25 to 40 lbs., shot blasted to remove mill scale, then packed in 55 gallon drums, weighing 1,800 lbs. apiece. The drums will then be warehoused for eventual shipment to foundries in the U.S. and abroad for remelting to recover the metallic content.

You state that because of their surface specifications and physical structure, the bars are not of commercial quality and are suitable only for recovery of their metallic content. Your company is interested only in the chemistry of the bars and that they be small enough to permit hand charging into furnaces with 30 to 500 lb. capacities.

ISSUE:

Are rolled bars to be used in remanufacture by melting or for processing to recover the metal content eligible for duty- free entry?

LAW AND ANALYSIS:

Subheading 9817.00.9080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), provides for the duty-free entry of articles of metal to be used in remanufacture by melting or to be processed by shredding, shearing, compacting or similar processing which renders them fit only for the recovery of the metal content. Notwithstanding a relatively more specific tariff provision, articles are classifiable in the provisions of HTS Chapter 98 if the conditions and requirements thereof and any applicable regulations are met.

HOLDING:

In the circumstances described, the rolled bars at issue are eligible for duty-free entry under subheading 9817.00.9080, HTSUSA, upon compliance with the requirements of Part 54, Customs Regulations (19 CFR 54), a copy of which is enclosed for your convenience.

Sincerely,

John Durant, Director
Commercial Rulings Division

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