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NY I82635




June 25, 2002

CLA-2-72:RR:NC:1:117 I82635

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.90.1000

Ms. Jennifer L. Cope
Wilson International Ltd.
2808 Fort Street, Suite 104
Detroit, Michigan 48216

RE: The tariff classification of clad steel plate from Germany.

Dear Ms. Cope:

In your letter dated May 17, 2002 on behalf of Horton CBI Ltd., you requested a tariff classification ruling.

The product to be imported is clad steel cut plate of a width exceeding 600 mm. The substrate is hot-rolled, pickled and polished carbon steel plate that has been clad with Nicrofer 5923 hMo–alloy 59, a nickel alloy material. The clad plate conforms to the requirements of ASTM Specification A 265, the Standard Specification for Nickel and Nickel-Base Alloy-Clad Steel Plate. The applicable subheading for the nickel-clad steel plate will be 7210.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, other, clad. The rate of duty will be 1.3 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 7210.90.1000, unless specifically excluded, are subject to additional duties. See subheadings 9903.72.50 through 9903.72.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.72.60 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.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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