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NY 806811



March 13, 1995

CLA-2-72:S:N:N3:117 806811

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.49.00; 7210.60.00; 7210.70.60

Mr. Jim Woodul
New Process Steel Corporation
P.O. Box 55205
Houston, Texas 77255

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of corrosion- resistant flat-rolled steel from Mexico; Article 509

Dear Mr. Woodul:

In your letter dated January 23, 1995, you requested a ruling on the status of corrosion-resistant flat-rolled steel from Mexico under the NAFTA.

Coils of hot-rolled and, in some cases, cold-rolled steel will be imported from various countries into Mexico. The countries from which these hot-rolled and cold-rolled products are imported into Mexico are the countries in which the steel was originally melted and the hot and cold-rolled coils produced. In Mexico, the hot-rolled coils are pickled, cold-reduced, annealed and then hot dipped in either a zinc or an aluminum-zinc bath. The zinc coated product is described as "Galvanize coated" and the aluminum-zinc coated product is described as "Galvalume" or "Aluminum-zinc coated" steel sheet. These corrosion-resistant products may also be painted in Mexico.

Hot-rolled carbon steel flat-rolled products of a width of 600 mm or more are classified under heading 7208 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Cold-rolled carbon steel flat-rolled products of a width of 600 mm or more are classified under heading 7209 of the HTSUSA. Metal coated or corrosion-resistant carbon steel flat- rolled products of a width of 600 mm or more are classified under heading 7210 of the HTSUSA.

The applicable tariff provision for the unpainted zinc coated flat-rolled products will be 7210.49.00, HTSUSA, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, otherwise plated or coated with zinc, other. The general rate of duty will be 5.8 percent ad valorem.

The applicable tariff provision for the unpainted Galvalume or aluminum-zinc coated flat-rolled products will be 7210.60.00, HTSUSA, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, plated or coated with aluminum. The general rate of duty will be 5.8 percent ad valorem.

The applicable tariff provision for the painted zinc coated and painted aluminum-zinc coated flat-rolled products will be 7210.70.60, HTSUSA, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, painted, varnished or coated with plastics, other. The general rate of duty will be 5.8 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/72.7, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

With regard to your questions concerning applicability of antidumping and countervailing duty (ADA/CVD) cases for flat- rolled carbon steel products, we offer the following general information. For a product to be substantially transformed for ADA/CVD purposes (not for "Customs purposes"), the processing performed on the product must result in a change in "class or kind" of the product. The four classes or kinds of flat-rolled carbon steel products for ADA/CVD purposes are hot-rolled, cold- rolled, cut-to-length plate and corrosion-resistant. If, for example, cold-rolled coils are produced in country A and are processed into corrosion-resistant coils in country B, a change in "class or kind" has occurred which, for the administration of the ADA/CVD orders on carbon steel flat-rolled products, constitutes a substantial transformation. If you would like
additional information regarding this matter, please contact National Import Specialist Paula Ilardi at (212) 466-5476.

Sincerely,

Jean F. Maguire
Area Director

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