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NY 891322



October 20, 1993

CLA-2-72:S:N:N1:117 891322

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.90.10; 8113.00.00

Mr. Gern F. Scott
Tower Group International, Inc.
128 Dearborn Street
Buffalo, New York 14207-3198

RE: The tariff classification of chromium carbide wear resistant plate from Canada.

Dear Mr. Scott:

In your letter dated October 6, 1993 on behalf of Eureka Tool Steel Welding Products Limited, you requested a tariff classification ruling. A representative sample and product brochure were submitted with your request.

The product to be imported consists of a chromium carbide overlay (cermet) welded to a carbon steel base plate. The brochure lists standard plate sizes and thicknesses. Overall plate thickness are shown as 3/8", 1/2", 5/8", 3/4" or 1". Hardfacing thickness may be 3/16" or 1/4". Plate width may be 48", 60" or 72" and length may be 96", 120" or 144". These abrasion resistant plates are used in various industries such as the pulp and paper industry, the cement industry, the mining industry, and iron and steel industry.

The following legal notes in the Harmonized Tariff Schedule of the United States (HTS) are relevant in the classification of this product. Section XV Note 5, HTS, states that, with regard to the classification of composite articles, articles of base metal containing two or more base metals are to be treated as articles of the base metal predominating by weight over each of the other metals; for this purpose, a cermet of heading 8113 is regarded as a single base metal. Chapter 72 Note 2, HTS, states that ferrous metals clad with another ferrous metal are to be classified as products of the ferrous metal which predominates by weight.

The applicable subheading for the chromium carbide overlay plate where the steel plate predominates by weight will be 7210.90.10, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, other, clad. The rate of duty will be 6.5 percent ad valorem.

The applicable subheading for the chromium carbide overlay plate where the chromium carbide (cermet) layer predominates by weight will be 8113.00.00, HTS, which provides for cermets and articles thereof, including waste and scrap. The rate of duty will be 5.5 percent ad valorem.

Goods classifiable under subheading 7210.90.10, HTS, which have originated in the territory of Canada, will be entitled to a 3.2 percent rate of duty under the United States-Canada Free-Trade Agreement upon compliance with all applicable regulations.

Goods classifiable under subheading 8113.00.00, HTS, which have originated in the territory of Canada, will be free of duty under the United States-Canada Free-Trade Agreement upon compliance with all applicable regulations.

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

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