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NY D80922


August 7, 1998

CLA-2-72:RR:NC:1:118 D80922

CATEGORY: CLASSIFICATION

TARIFF NO.: 7229.90.5015; 7229.90.5030

Mr. Juan Alvarado

Juan J. Alvarado

2101 Guadalupe St. Suite #4

Laredo, Texas 78043

RE: The tariff classification of wire from Mexico.

Dear Mr. Alvarado:

In your letter dated July 26, 1998, you requested a tariff classification ruling on behalf of your client, Infra, S.A. De C.V., Mexico.

The subject items are described as welding wire for gas shielded arc welding, type ER70S-6. They are round wires with diameters of 0.035" and 0.045". They are made of alloyed steel and are ready to be used in any semiautomatic or automatic welding machine.

The applicable subheading for the welding wire with the 0.035" diameter will be 7229.90.5015, Harmonized Tariff Schedule of the United States (HTS), which provides for wire of other alloy steel: other: round wire: with a diameter of less than 1.0mm. The general duty rate will be 5.4% ad valorem.

The applicable subheading for the welding wire with the 0.045" diameter will be 7229.90.5030, HTS, which provides for wire of other alloy steel: other: round wire: with a diameter of 1.0mm or more but less than 1.5mm. The general duty rate will be 5.4% ad valorem.

Consideration was given to classifying this product under heading 8311, HTS, as you have suggested. However, as the items are not coated or cored with a flux material, heading 8311 is not appropriate.

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 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,


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