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NY I82534

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June 14, 2002

CLA-2-72:RR:NC:1:117 I82534

CATEGORY: CLASSIFICATION

TARIFF NO.: 7215.90.3000; 7228.20.5000; 7228.60.1060; 7228.60.8000

Ms. Chiara M. Torquato
Leschaco Inc.
110 Wall Street-13th Floor
New York, NY 10005

RE: The tariff classification of steel bars from Italy.

Dear Ms. Torquato:

In your letter dated May 22, 2002 on behalf of Linkweld SRL (FEMI Group), Italy, 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 described as welding rods used for arc welding. They have been cold drawn, cut to length, coated with copper and are of circular cross section. These products will be imported in various grades designated as follows: ER80S-D2, ER70S-3, ER70S-6, ER80S-B2, ER70S-2, R45 and R60.

ER80S-D2 meets the definition for alloy silico-manganese steel; ER70S-3 may be other alloy steel or nonalloy steel, depending on the silicon content; ER70S-6 meets the definition for other alloy steel; ER80S-B2 meets the definition for alloy tool steel or other alloy steel, depending on the chromium and molybdenum content; ER70S-2 meets the definition for alloy silico-manganese steel or other alloy steel, depending on the silicon, titanium and zirconium content; R45 and R60 are nonalloy steel. Other alloy steel is defined in Chapter 72 Note 1. (f); silico-manganese steel is defined in Chapter 72 Subheading Note 1. (e); tool steel is defined in Chapter 72 Additional U.S. Note 1. (e).

You state that these rods are only used for welding purposes and suggest that they should be classified under HTS heading 8311, which provides for wire rods of base metal, coated or cored with flux material, of a kind used for soldering, brazing, welding or deposition of metal. In order to be classified under heading 8311, the product must be coated or cored with flux material. These copper-coated rods have not been coated or cored with flux material.

The applicable subheading for the cold-drawn copper-coated nonalloy steel rods will be 7215.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, other, plated or coated with metal, cold-formed. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the cold-drawn copper-coated alloy silico-manganese steel rods will be 7228.20.5000, HTS, which provides for other bars and rods of other alloy steel, bars and rods, of silico-manganese steel, cold formed. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the cold-drawn copper-coated alloy tool steel rods will be 7228.60.1060, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, of tool steel (other than high-speed steel), other. The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the cold-drawn copper-coated other alloy steel rods will be 7228.60.8000, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, other, cold-formed. The rate of duty will be 1.5 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 subheadings 7215.90.3000, 7228.20.5000 and 7228.60.8000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.55 through 9903.73.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.60 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 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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See also:

• Tariff No.: 7215.90.30 - Iron/nonalloy steel, bars and rods, cold-formed, plated or coated with metal
• Tariff No.: 7228.20.50 - Alloy silico-manganese steel, bars and rods, cold formed, o/than hot-rolled and in irregularly wound coils
• Tariff No.: 7228.60.10 - Alloy tool steel (o/than hi-speed), bars and rods, further worked than hot-rolled, forged, cold-formed or cold-finished
• Tariff No.: 7228.60.80 - Alloy steel (o/than tool), bars and rods, cold-formed
• Tariff No.: 9903.73.55 - Certain cold-formed steel bars/rods exempt from relief under US note 11(c) to subchapter as described headings 9903.76.66 thru 9903.77.01
• Tariff No.: 9903.73.60 - Certain cold-formed steel bars/rods in specified subheadings, if entered during the period from March 20, 2002, through March 19, 2003
• Tariff No.: 9903.73.62 - Certain cold-formed steel bars/rods in specified subheadings, if entered during the period from March 20, 2004, through March 20, 2005