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NY H85111




August 24, 2001

CLA-2-72:RR:NC:1:117 H85111

CATEGORY: CLASSIFICATION

TARIFF NO.: 7222.30.0000; 7222.20.0075

Mr. Ben Bauman
Thyssen Specialty Steels, Inc.
365 Village Drive
Carol Stream, IL 60188-1828

RE: The tariff classification of forged steel flats from Germany.

Dear Mr. Bauman:

In your letter dated August 14, 2001, you requested a tariff classification ruling.

The products to be imported are forged stainless steel flats. A representative test certificate was submitted with your ruling request. The product, Thyroplast 2083, is remelted, forged, normalized, annealed and straightened and measures 9.5” x 36.625” x 39.5”. Even though the product is described as “tool steel bars” on the test certificate and the grade is considered tool steel by the mold making industry, it is stainless steel, containing by weight 0.410 percent carbon and 13.13 percent chromium. You state that the product is delivered black without mechanical descaling.

The applicable subheading for the forged stainless steel flat bars that have not been cold- worked (cold-formed/finished) in any manner will be 7222.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of stainless steel, other bars and rods. The rate of duty will be 3.2 percent ad valorem.

Whether bars have been cold-worked by cold-forming or cold-finishing has been addressed in several Headquarters rulings including one previously issued to you, HQ 955737 dated July 19, 1995.

The applicable subheading for forged stainless steel flat bars that have been cold-worked will be 7222.20.0075, HTS, which provides for other bars and rods of stainless steel, bars and rods, not further worked than cold-formed or cold-finished, other, with a maximum cross-sectional dimension of 18 mm or more. The rate of duty will be 3.2 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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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