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NY I84298




August 12, 2002

CLA-2-72/73:RR:NC:1:117 I84298

CATEGORY: CLASSIFICATION

TARIFF NO.: 7212.30.1090; 7212.30.5000; 7215.90.1000; 7216.91.0000; 7306.60.1000; 7306.60.5000

Mr. Paul F. Wegener
M.G. Maher & Company, Inc.
One Canal Place, Suite 1600
New Orleans, LA 70130

RE: The tariff classification of steel flats, angles, channels and tubing from Australia.

Dear Mr. Wegener:

In your letter dated July 12, 2002 on behalf of BHP Steel Americas, Inc., you requested a tariff classification ruling.

The products to be imported are nonalloy steel flats, angles, channels and tubing. The flats, hot-rolled flat-rolled hot-dip galvanized products, range from 0.156 inch to 0.313 inch in thickness and from 2 inches to 12 inches in width. The angles, cold-formed from hot-rolled strip, are hot-dip galvanized and range from 1 ¼ inches to 6 inches in height. The channels, cold-formed from hot-rolled strip, are hot-dip galvanized and range from 3 inches to 12 inches in height. The cold-formed ERW rectangular and square galvanized pipe is made to ASTM Specification A 500, the Standard Specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. Some typical dimensions of the pipe are 2” x 1” x 0.065” and 3” x 2” x 0.12”.

Flat-rolled products are defined in HTS Chapter 72 Note 1. (k) as “Rolled products of solid rectangular (other than square) cross sectionin the form ofstraight lengths, which if of a thickness less than 4.75 mm are of a width measuring at least 10 times the thickness or if of a thickness of 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness.”

Other bars and rods are defined in HTS Chapter 72 Note 1. (m) as “Products which do not conform to any of the definitions at(k)which have a uniform solid cross section along their whole length in the shape ofrectangles (including squares).”

The applicable subheading for the hot-dip galvanized flats meeting the definition for flat-rolled products and measuring less than 300 mm in width will be 7212.30.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy
steel, of a width of less than 600 mm, clad, plated or coated, otherwise plated or coated with zinc, of a width of less than 300 mm, of a thickness exceeding 0.25 mm or more, other. The rate of duty will be 0.7 percent ad valorem.

The applicable subheading for the hot-dip galvanized flats meeting the definition for flat-rolled products and measuring 300 mm or more but less than 600 mm will be 7212. 30.5000, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated, otherwise plated or coated with zinc, other. The rate of duty will be 1.3 percent ad valorem.

The applicable subheading for the hot-dip galvanized flats meeting the definition for other bars and rods will be 7215.90.1000,, HTS, which provides for other bars and rods of iron or nonalloy steel, other, plated or coated with metal, not cold-formed. The rate of duty will be 0.6 percent ad valorem.

The applicable subheading for the hot-dip galvanized angles and channels will be 7216.91.0000, HTS, which provides for angles, shapes and sections of iron or nonalloy steel, other, cold-formed or cold-finished from flat-rolled products. The rate of duty will be 0.9 percent ad valorem.

The applicable subheading for the ERW rectangular and square hot-dip galvanized pipe with wall thicknesses of 4 mm or more will be 7306.60.1000, HTS, which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of noncircular cross section, having a wall thickness of 4 mm or more, of iron or nonalloy steel. The rate of duty will be 0.1 percent ad valorem.

The applicable subheading for the ERW rectangular and square hot-dip galvanized pipe with wall thicknesses of less than 4 mm will be 7306.60.5000, HTS, which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of noncircular cross section, having a wall thickness of less than 4 mm, of iron or nonalloy steel. The rate of duty will be 1.6 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 7212.30.1090 and 7212.30.5000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.07 through 9903.73.23, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.21 which currently carries an additional 30 percent ad valorem tariff. Products classified under HTS subheadings 7215.90.1000 and 7216.91.0000, unless specifically excluded, are subject to additional
duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.50 which currently carries an additional 30 percent ad valorem tariff. Products classified under HTS subheadings 7306.60.1000 and 7306.60.5000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.74 through 9903.73.86, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.84 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report these Chapter 99 numbers in addition to the Chapter 72 and 73 numbers 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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