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NY I88113




November 26, 2002

CLA-2-72:RR:NC:1:117 I88113

CATEGORY: CLASSIFICATION

TARIFF NO.: 7216.50.0000; 7228.70.3040

Mr. David L. Simon
Law Offices of David L. Simon
1000 Connecticut Avenue, NW, Suite 412
Washington, DC 20036

RE: The tariff classification of beveled steel sections from Italy.

Dear Mr. Simon:

In your letter dated October 21, 2002 on behalf of Lucchini USA, you requested a tariff classification ruling.

The products to be imported are hot-rolled curved and beveled carbon and alloy steel sections that are ultimately used as cutting edges for bulldozer blades, front-end shovel loader buckets, hydraulic excavator buckets, combination excavating and transporting scrapers, road scrapers and road graders. These curved beveled sections will be imported in widths (overall widths) ranging from 152.4 mm to 203 mm. The smallest section (having a width of 152.4 mm) has a linear dimension of 126.5 mm when measured through a solid portion of the cross section. A drawing showing the cross sectional configuration and dimensions of the smallest curved section was submitted with your request. The dimensions for all sizes of the curved beveled sections were also included with the drawing.

The applicable subheading for the hot-rolled curved and beveled carbon steel sections will be 7216.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, other angles, shapes and sections, not further worked than hot-rolled, hot-drawn or extruded. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the hot-rolled curved and beveled alloy steel sections will be 7228.70.3040, HTS, which provides for angles, shapes and sections, of other alloy steel, angles, shapes and sections, hot-rolled, not drilled, not punched and not otherwise advanced, with a maximum cross-sectional dimension of 76 mm or more, other. The rate of duty will be 0.4 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 7216.50.0000 and 7228.70.3040, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Noting that the superior text to subheadings 9903.73.42 through 9903.73.52 excludes “sections, with any linear dimension of 80 mm or greater when measured through a solid portion of the cross section”, your products would not be subject to these additional duties.

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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