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NY I83803




July 19, 2002

CLA-2-72:RR:NC:1:117 I83803

CATEGORY: CLASSIFICATION

TARIFF NO.: 7222.40.6000

Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Road, Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of stainless steel profile shapes from Austria.

Dear Mr. Schau:

In your letter dated June 13, 2002 on behalf of FlexLink Systems, you requested a tariff classification ruling. A sample was submitted with your request.

The products to be imported from Austria into the United States are cold-formed stainless steel profile shapes (slide rails) in straight 3-meter lengths. These profile shapes have a cross-sectional configuration in the shape of a modified “U”.

The applicable subheading for the cold-formed stainless steel profile shapes in straight lengths will be 7222.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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).

You also ask about NAFTA eligibility of the profile shape after it undergoes processing in the United States. We cannot address this issue without additional information on the U.S. processed article. Is the submitted sample representative of the product that has been processed in the U.S.? This bent shape measures approximately 10 inches in length. Is this the size of the finished slide rail? The literature states that these are slide rails for XL, XM and XH beams. What does this mean? Exactly where and how will the finished slide rails be used? Could you submit literature that illustrates where the slide rails are used?

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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