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NY I85271




September 13, 2002

CLA-2-72:RR:NC:1:117 I85271

CATEGORY: CLASSIFICATION

TARIFF NO.: 7216.99.0000

Mr. Stephen J. Leahy
175 Derby Street, Suite 9
Hingham, MA 02043

RE: The tariff classification of steel beams from various countries.

Dear Mr. Leahy:

In your letter dated August 8, 2002 on behalf of Les Construction Beauce Atlas (Beauce Atlas), you requested a tariff classification ruling.

The products to be imported are nonalloy steel hot-rolled wide flange beams. You describe 4 different beams that will be imported. The first beam, designated B23018, measures 14 x 22 and will be notched and have 3 holes drilled on both ends. The second beam, designated B23079, measures 18 x 40 and is cut to a specific length of 16’ 7 15/16”. It is notched on both ends and has 25 holes drilled at specific locations on the beam. The third beam, designated B23082, measures 18 x 35 and is cut to a specific length of 16’5”. This beam is notched on one side and has a total of 26 holes drilled at specific locations on the web and flanges. The fourth beam, designated B23088, measures 21 x 44 and has been cut to a specific length of 17’3 ½”. There are 6 holes drilled on each end.

Angles, shapes and sections of heading 7216, HTS, may have been subjected to working such as drilling, punching or twisting. The heavier angles, shapes and sections such as beams are used in the construction of bridges, buildings, ships, etc. (ENs to heading 7216).

The applicable subheading for the hot-rolled drilled and notched wide flange beams will be 7216.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, other, other. The rate of duty will be 0.9 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 7216.99.0000, 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. 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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