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NY F86569




May 17, 2000

CLA-2-72:RR:NC:1:117 F86569

CATEGORY: CLASSIFICATION

TARIFF NO.: 7214.30.00; 7214.99.00; 7228.30.80

Mr. I.A. Ruder
METALMART
6017 Pine Ridge Rd., s-163
Naples, FL 34119

RE: The tariff classification of steel bars from Brazil.

Dear Mr. Ruder:

In your letter dated April 24, 2000, you requested a tariff classification ruling.

The products to be imported are hot-rolled bars of free-cutting steel, other nonalloy steel and alloy steel. Typical grades of free-cutting steel will be 1212 and 1215; typical grades of other alloy steel will be 1010, 1018 and 1045; typical grades of alloy steel will be 4140 and 8620. These hot-rolled bars are circular in cross-section and will generally measure one inch or more in diameter and range from 8 to 24 feet in length. You state that these bars are defective because they are out of specification, e.g., they do not meet the published industry standards with regard to straightness, allowable surface defects or dimensional/tolerance requirements. The chemical composition will, however, meet industry specifications. Most of these bars can be reconditioned at additional expense after importation. The bars that cannot be economically reconditioned will likely be sold as scrap. Since these bars are defective, you ask whether this will have any bearing on classification/duties/surcharges/quotas.

The applicable subheading for the hot-rolled bars of free-cutting steel will be 7214.30.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, not further worked that forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling, other, of free-cutting steel. The rate of duty will be 1.9 percent ad valorem.

The applicable subheading for the hot-rolled bars of other nonalloy steel will be 7214.99.00, HTS, which provides for other bars and rods of iron or nonalloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling, other, other. The rate of duty will be 1.9 percent ad valorem.

The applicable subheading for the hot-rolled bars of other alloy steel will be 7228.30.80, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than hot-rolled, hot-drawn or extruded, other. The rate of duty will be 2.4 percent ad valorem.

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

Attached is information on antidumping and countervailing duty cases on various steel bar products from Brazil. As you can see, these cases have all been either terminated or revoked. Also attached is a copy of the suspension agreement covering certain hot-rolled flat-rolled carbon quality steel products from Brazil. The products covered are of a rectangular shape. The round bars you plan to import would not be covered.

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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