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NY I88520





December 18, 2002

CLA-2-72:RR:NC:1:117 I88520

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.49.0090; 7212.30.10; 7212.30.5000; 7606.12.3090; 7306.30.1000

Ms. Christine Lee
MX Enterprise Systems, Inc.
1199 S. Fairway Drive, Suite 107
Walnut, CA 91789

RE: The tariff classification of steel and aluminum sheet and steel pipes from Korea and China.

Dear Ms. Lee:

In your letter dated November 8, 2002, you requested a tariff classification ruling. Representative samples of steel and aluminum sheets were submitted with your request.

The flat-rolled rectangular products to be imported are hot-dip galvanized steel sheet measuring 0.012 inch in thickness and up to 24 inches in width and grade 5182-H18 alloyed non-clad aluminum sheet measuring 0.008 inch in thickness and up to 19.9 inches in width. These sheets will be used as construction flashing for termite shields, base flashing, counter flashing HIP and Ridge flashing (roof), roll valley and other metal flashing applications. You also plan to import ERW nonalloy galvanized steel pipe measuring 1 1/3 inches in outside diameter and 0.063 inch in wall thickness. The pipe will be notched on both ends. A drawing illustrating the notched pipe was submitted with your request.

The applicable subheading for the hot-dip galvanized steel sheet measuring 600 mm or more in width will be 7210.49.0090, 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, otherwise plated or coated with zinc, other, other. The rate of duty will be 0.6 percent ad valorem.

The applicable subheading for the hot-dip galvanized steel sheet measuring less than 300 mm in width will be 7212.30.10, 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. The rate of duty will be 0.3 percent ad valorem.

The applicable subheading for the hot-dip galvanized steel sheet measuring 300 mm or more but less than 600 mm in width 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 0.6 percent ad valorem.

The applicable subheading for the aluminum construction flashing will be 7606.12.3090, HTS, which provides for aluminum plates, sheets and strips, of a thickness exceeding 0.2 mm: rectangular (including square): of aluminum alloys: not clad: with a thickness of 6.3 mm or less: other. The rate of duty will be 3 percent ad valorem.

The applicable subheading for the ERW galvanized pipe will be 7306.30.1000, 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 circular cross section, of iron or nonalloy steel, having a wall thickness of less than 1.65 mm. The rate of duty will be 0.8 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 7210.49.0090, 7212.30.10 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 subheading 7306.30.1000, 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 Chapter 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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