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NY 812925



August 8, 1995

CLA-2-72:S:N:N1:117 812925

CATEGORY: CLASSIFICATION

TARIFF NO.: 7228.50.5005

Ms. Mary Ellen Phillips
Criterion Metals, Inc.
279 Jenckes Hill Road
Smithfield, RI 02917

RE: The tariff classification of peeled and ground steel wire rod from Germany.

Dear Ms. Phillips:

In your letter dated July 25, 1995, you requested a tariff classification ruling. A representative sample of the product was submitted with your request.

The product to be imported is described as a hot-rolled, peeled and ground wire rod supplied in irregularly wound coils. The rod is produced from Dilaton 42 (nickel iron 42) which conforms to the definition of alloy steel in Chapter 72 Note 1.(f), Harmonized Tariff Schedule of the United States (HTS). The diameter of the rod measures 12.7 mm (0.5").

It was suggested that this product is classifiable under HTS subheading 7227.90.6050, which provides for other alloy steel bars and rods, hot rolled, in irregularly wound coils. This product cannot be classified under this subheading because bars and rods, hot-rolled, in irregularly wound coils are legally defined in Chapter 72 Note 1.(l) as hot-rolled products. The rod you plan to import has been subjected to cold working operations, peeling and grinding, after the hot-rolling operation. The rod does meet the legal definition for other bars and rods in Chapter 72 Note 1.(m).

The applicable subheading for the peeled and ground alloy steel rod will be 7228.50.5005, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than cold-formed or cold-finished, other, of high-nickel alloy steel. The rate of duty will be 6.8 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport

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