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HQ 951429


June 26, 1992

CLA-2 CO:R:C:M 951429 EJD

CATEGORY: CLASSIFICATION

TARIFF NO: 7214.40.00; 7228.30.80; 7211.22.00; 7226.91.50; 7214.50.00

Mr. Brad Walker
Caterpillar Inc.
100 N.E. Adams Street
Peoria, Illinois 61629

RE: Steel Mill Products; Pre-Entry Classification Ruling 868289, modified

Dear Mr. Walker:

It has come to our attention that Customs Pre-Entry Classification Ruling (PC) 868289 issued to you on December 9, 1991, concerning the classification of 121 different steel mill products, may be in error for some items. These steel mill products, which are used in the manufacture of various types of agricultural and construction vehicles and machinery, are imported from Canada and England. This Headquarters Ruling (HQ) modifies PC 868289.

We have reviewed PC 868289 and have determined that the following products were incorrectly classified: item #57, described as steel section, rop (rollover protection) plate; item #62, described as steel section frame; items #106, #108, #109 and #111 through #121, described as steel section, cutting edge; and item #107, described as steel section, end bit.

Item #57 was classified under the provision for angles, shapes and sections in subheading 7216.50.00 or 7228.70.30, Harmonized Tariff Schedule of the United States (HTSUS), depending on alloy content. The correct classification is as bars under subheading 7214.40.00 or 7228.30.80, HTSUS, depending on alloy content. The reason for this classification is because this item has a cross section in the shape of a trapezoid which is a convex polygon. Chapter 72, Note 1.(m), defines bars as "[p]roducts...which have a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other convex polygons...."

Item #62 was classified under the provision for other angles, shapes and section of nonalloy steel in subheading 7216.50.00, HTSUS. The correct classification is as flat-rolled product under subheading 7211.22.00 or 7226.91.50, HTSUS, depending on the alloy content, because it is a solid rectangular cross section measuring 330 mm in width and 25 mm in thickness which is imported in straight lengths and has a thickness of 4.75 mm or more and a width which exceeds 150 mm and measures at least twice the thickness. Chapter 72, Note 1.(k) defines flat-rolled products, in pertinent part, as

Rolled products of solid rectangular (other than square) cross section...
if of a thickness 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness.

Items #106 through #109, and #111 though #121, were classified under the provisions for angles, shapes and sections in subheading 7216.50.00 or 7228.70.30, HTSUS, depending on the alloy content. The correct classification for these items is under subheading 7214.40.00 and 7214.50.00, HTSUS, if nonalloy steel, containing by weight less than 0.25 percent of carbon or containing by weight 0.25 percent or more but less than 0.6 percent of carbon, respectively; or under subheading 7228.30.80, HTSUS, if alloy steel. These items are all hot-rolled beveled flats (beveled during the hot-rolling operation) having a uniform solid cross section along their whole length. These bars are either double beveled or single beveled flats with cross sections in the shape of convex polygons as defined in Chapter 72, Note 1.

This notice to you should be considered a modification of PC 868289, dated December 9, 1991, under 19 CFR 177.9(d). It is not to be applied retroactively to PC 868289 (19 CFR 177.9(d)(2)) and will not, therefore, affect past transactions for the importation of the merchandise under that ruling. However, for the purposes of future transactions involving merchandise of this type, PC 868289 will not be valid precedent.

We recognize that pending transactions may be adversely affected by this modification, in that current contracts for importations arriving at a port subsequent to this decision will
be classified pursuant to it. If such a situation arises, you may, at your discretion, notify this office and apply for relief from the binding effects of this decision as may be warranted by the circumstances.

Sincerely,

John Durant, Director

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