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NY I80325




April 15, 2002

CLA-2-72:RR:NC:1:117 I80325

CATEGORY: CLASSIFICATION

TARIFF NO.: 7222.20.0045

Mr. Robert C. Bowden
Swiss Stainless Products, Inc.
32 Collis Lane, Suite D
P.O. Box 116
Chester, NJ 07930

RE: The tariff classification of stainless steel bars from Switzerland.

Dear Mr. Bowden:

In your letter dated March 26, 2002, you requested a tariff classification ruling. Representative samples of the products to be imported were submitted with your request.

The products to be imported are 300 series stainless steel cold-drawn TIG and core wires that have been cut to length. The TIG wire ranges from 0.035 inch through 0.187 inch in diameter and will be imported in 36-inch lengths. The core wire ranges from 0.0625 inch to 0.187 inch in diameter and will be imported in lengths ranging from 9 inches to 12 inches.

You state that these products have been previously imported into the United States and classified under HTS heading 7222, which provides for other bars and rods of stainless steel. You believe that these products should be classified under HTS heading 7223, which provides for wire of stainless steel. Steel wire is defined in HTS Chapter 72 Note 1. (o) as “Cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products.” Steel bars are defined in HTS Chapter 72 Note 1. (m) as “Products which do not conform tothe definition of wire, which have a uniform solid cross section along their whole length in the shape of circles.” Because your product is not imported in coils, it does not meet the tariff definition for wire. It does, however, meet the tariff definition for bars.

The applicable subheading for the stainless steel cold-drawn cut-to-length wire (bar) will be 7222.20.0045, Harmonized Tariff Schedule of the United States (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 less than 18 mm. The rate of duty will be 2.1 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 7222.20.0045, 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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