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NY I80237




April 23, 2002

CLA-2-72:RR:NC:1:117 I80237

CATEGORY: CLASSIFICATION

TARIFF NO.: 7216.50.0000; 7216.69.0000

Mr. Kevin Horgan
DeKieffer & Horgan
729 Fifteenth Street, N.W.
Suite 800
Washington, D.C. 20005

RE: The tariff classification of steel profile material from Germany.

Dear Mr. Horgan:

In your letter dated April 4, 2002 on behalf of German Special Profiles LLC, you requested a tariff classification ruling.

The products to be imported are steel profile shapes. The profile shapes are made of various grades of carbon (nonalloy) steel. Drawings depicting the cross-sectional shapes of ten different profiles were submitted with your request. The profiles are designated by the following numbers: 3393, 3397, 3437, 3456, 3458, 3465, 5092, 5188, 5555 and 74308. You state that these profile shapes are produced by hot-rolling, hot-extruding and/or cold drawing. These steel profile shapes will be imported in material lengths. After importation, the profile material will be cut to the size required by the customer. Additional processing such as cutting or drilling holes in the profile shapes may also be performed.

The applicable subheading for carbon steel profile shapes in material lengths designated by the ten numbers indicated above that are hot-rolled and/or hot-extruded will be 7216.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, other angles, shapes and sections, not further worked than hot-rolled, hot-drawn or extruded. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for carbon steel profile shapes in material lengths designated by the ten numbers indicated above that are cold-drawn will be 7216.69.0000, HTS, which provides for angles, shapes and sections of iron or nonalloy steel, angles, shapes and sections, not further worked than cold-formed or cold-finished, other. The rate of duty will be 1 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheading 7216.50.0000 with a height of less than 80 mm and under subheading 7216.69.0000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.50 which currently carries an additional 30 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 numbers listed above.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

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 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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