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NY E81572

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June 4, 1999

CLA-2-72:RR:NC:1:117 E81572

CATEGORY: CLASSIFICATION

TARIFF NO.: 7208.51.00; 7211.14.00; 7208.90.00; 7211.90.00; 7214.91.00; 7214.99.00; 7215.50.00

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of steel plate from Canada; Article 509

Dear Ms. Hagyard:

In your letter dated May 3, 1999 on behalf of Sturdell Industries Inc., you requested a ruling on the status of steel plate from Canada under the NAFTA.

Hot-rolled flat-rolled nonalloy steel plates ranging from 0.5 inch to 16 inches in thickness, from 40 inches to 80 inches in width and from 120 inches to 160 inches in length are produced in various European countries and imported into Canada. These hot-rolled nonalloy steel plates are classified under heading 7208, Harmonized Tariff Schedule of the United States (HTSUS). In Canada, the hot-rolled plates, which will be used in the production of mold bases and parts of dies for metal stamping machines, undergo various types/combinations of processing operations, after which they are imported into the United States. The plates undergo the following processing operations in Canada: (1) Steel plate is saw cut to size (according to specification of mold) from large plate. The widths of the saw cut plate range from 2 inches to 50 inches and the lengths range from 10 inches to 70 inches; (2) Steel plate is saw cut to above dimensions and the top and bottom surfaces are ground to finished size (according to customers= specifications); and, (3) Steel plate is saw cut to above dimensions, the top and bottom surfaces are ground to finished size and the sides are milled to finished size (according to customers= specs).

The steel plates which have been processed in Canada and imported into the United States will are classified as follows. The hot-rolled cut-to-size nonalloy steel plates which meet the dimensional requirements for flat-rolled products in Chapter 72 Note 1.(k) and which are of a width of 600 mm or more are classified under HTS subheading 7208.51.00. The hot-rolled cut-to-size nonalloy steel plates which meet the dimensional requirements for flat-rolled products in Chapter 72 Note 1.(k) and which are of a width of less than 600 mm are classified under HTS subheading 7211.14.00. The cut-to-size nonalloy steel plates which meet the dimensional requirements for flat-rolled products in Chapter 72 Note 1.(k) and which have been surface ground and surface ground and side milled and which are of a width of 600 mm or more are classified under HTS subheading 7208.90.00. The cut-to-size nonalloy steel plates which meet the dimensional requirements for flat-rolled products in Chapter 72 Note 1.(k) and which have been surface ground and surface ground and side milled and which are of a width of less than 600 mm are classified under HTS subheading 7211.90.00. Those plates which don=t meet the dimensional requirements for flat-rolled products in Chapter 72 Note 1.(k) meet the definition for other bars and rods in Chapter 72 Note 1.(m). The hot-rolled cut-to-size nonalloy steel plates which meet the definition for other bars and rods and which have a rectangular cross-section are classified under HTS subheading 7214.91.00. The hot-rolled cut-to-size nonalloy steel plates which meet the definition for other bars and rods and which have a square cross section are classified under HTS subheading 7214.99.00. The cut-to-size nonalloy steel plates which meet the definition for other bars and rods and which have been surface ground and surface ground and side milled are classified under 7215.50.00.

The merchandise does not qualify for preferential treatment under the NAFTA because the non-originating hot-rolled flat-rolled nonalloy steel plate which is processed in Canada did not undergo the change in tariff classification required by General Note 12(t)/72.7: AA change to headings 7208 through 7216 from any heading outside that group.@

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 7208.51.00 - Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, nesoi, not in coils, w/thick o/10mm, not clad/plated/coated
• Tariff No.: 7208.90.00 - Iron/nonalloy steel, width 600mm+, hot-rolled flat-rolled products, nesoi, not clad/plated/coated
• Tariff No.: 7211.14.00 - Iron/nonalloy steel, width less th/600mm, hot-rolled flat-rolled products, nesoi, w/thick of 4.75mm or more, not clad/plated/coated
• Tariff No.: 7211.90.00 - Iron/nonalloy steel, width less th/600mm, flat-rolled further worked than cold-rolled, not clad, plated or coated
• Tariff No.: 7214.91.00 - Iron/nonalloy steel, bars and rods, not further worked than hot-rolled, hot-drawn or hot-extruded, w/rectangular (o/than square) X-section
• Tariff No.: 7214.99.00 - Iron/nonalloy steel, bars and rods, not further worked than hot-rolled, hot-drawn or hot-extruded, w/non-rectangular X-sect, not in coils
• Tariff No.: 7215.50.00 - Iron/nonalloy steel nesoi, bars and rods, not further wkd. than cold-formed or cold-finished, not in coils