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NY C81686




December 11, 1997

CLA-2-72:RR:NC:1:118 C81686

CATEGORY: CLASSIFICATION

TARIFF NO.: 7217.30.4510, 7229.90.5015

Ms. Cecelia Madigan
City Manager
Fritz Companies, Inc.
Peace Bridge Plaza
Suite 310
Buffalo, NY 14213

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

Dear Ms. Madigan:

In your letter dated April 15, 1997 you requested a tariff classification ruling on behalf of your client, The Cypress Group, which was issued to you on May 2, 1997 through ruling number B84467.

You stated that the product, Tellular MIG Wire, was copper coated round nonalloy steel wire in coils. The wire ranged in diameter from 0.023 mm to 0.045 mm, and the carbon percentage by weight was between 0.07 percent and 0.15 percent. The wire was to be used as welding wire after importation, but was not imported with flux in or on it. The additional component materials consist of 0.45 percent to 1.20 percent silicon and 0.90 percent to 1.9 percent manganese.

We advised you that the applicable subheading for the referenced Tellular MIG wire would be 7217.30.4510, Harmonized Tariff Schedule of the United States (HTS), which provides for Wire of iron or nonalloy steel: Plated or coated with other base metals: Round wire: Other: With a diameter of less than 1.0 mm: Containing by weight less than 0.25 percent of carbon. We further advised you that the rate of duty is 3.7 percent ad valorem. As of January 1, 1998 the rate of duty will be 3.2 percent ad valorem. This classification would apply to your imports in which the composition of the wire contains by weight less than 0.6 percent silicon and less than 1.65 percent manganese.

Chapter 72, Note 1(f) of the 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 or 1.65 percent or more of manganese, are defined as "other alloy steel" for purposes of tariff classification. Accordingly, if the imported Tellular MIG wire which does not meet the definition of stainless steel wire, contains by weight 0.6 percent or more of silicon or 1.65 percent or more of manganese, it would be considered, for classification purposes, as an alloy steel product. In this situation, the applicable subheading would 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. As of January 1, 1998 the rate of duty will be 5.4 percent ad valorem.

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