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NY C81503





November 19, 1997

CLA-2-72:RR:NC:1:118 C81503

CATEGORY: CLASSIFICATION

TARIFF NO.: 7229.90.5015

Mr. Peter Diamond
BDP International Inc.
147-31 176 Street
Jamaica, NY 11434

RE: The tariff classification of copper coated round steel wire from Italy.

Dear Mr. Diamond:

In your letter dated November 12, 1997, you requested a tariff classification ruling on behalf of your client.

You state the wire samples you have submitted are copper coated nonalloy steel round wires. You further state that the wires will be imported in coils with diameters ranging between 0.023 and 0.045 inches and carbon content ranging between 0.07 percent and 0.14 percent. The wire is intended to be used as welding wire, but is imported without flux.

The chemical analysis which you have submitted for this product states that it contains 0.85 percent by weight of silicon and it does not contain any chromium as part of its composition. Chapter 72, Note 1(f) of the Harmonized Tariff Schedule of the United States (HTS) states that steels which do not comply with the definition of stainless steel (by weight 1.2 percent or less of carbon and 10.5 percent or more of chromium) and which have by weight 0.6 percent or more of silicon are defined as "other alloy steel" for purposes of tariff classification. Accordingly, your imported product is not considered nonalloy steel.

The applicable subheading for the submitted round copper coated steel wire will be 7229.90.5015, HTS, which provides for Wire of other alloy steel: Other: Round wire: With a diameter of less than 1.0 mm. The rate of duty is 6.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kathy Campanelli at 212-466-5492.

Sincerely,

Robert B. Swierupski
Director,

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