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NY I80238




April 26, 2002

CLA-2-72:RR:NC:1:117 I80238

CATEGORY: CLASSIFICATION

TARIFF NO.: 7222.40.6000

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 stainless steel profile shapes. Drawings depicting the cross-sectional shapes of three different profiles were submitted with your request. The profiles are designated by the following numbers: 5172, 66273 and 66274. You state that these profile shapes are produced by hot-extruding and/or cold-drawing and will ultimately be used in the manufacture of gas turbine propeller spacers. These profile shapes will be imported in material lengths. After importation, they will be cut to the length required by the customer. Additional processing such as cutting or drilling holes in the profile shapes may also be performed.

The applicable subheading for the stainless steel profile shapes in material lengths designated by the three numbers indicated above that are hot-extruded and/or cold-drawn will be 7222.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of stainless steel; angles, shapes and sections of stainless steel, angles, shapes and sections, other. The rate of duty will be 1.1 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 7222.40.6000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.97 through 9903.74.06, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.74.04 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number 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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