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NY J80275




February 12, 2003

CLA-2-72:RR:NC:1:117 J80275

CATEGORY: CLASSIFICATION

TARIFF NO.: 7212.40.1000; 7217.90.5030; 7217.90.5060

Ms. Lois Sproul
T.H. Weiss, Inc.
775 Atlanta South Parkway
Suite 600
Atlanta, Georgia 30349

RE: The tariff classification of steel strapping from Switzerland.

Dear Ms. Sproul:

In your letter of January, 2003 on behalf of Industrial Fairway Supply Company, you requested a tariff classification ruling. Representative samples of the products to be imported were submitted with your request.

The products to be imported are various types of steel strapping. The cold-rolled flat-rolled carbon steel strapping designated as item numbers 11, 12, 13, 14 and 15 ranges from 5/8 inch (16 mm) to 1ΒΌ inches (32 mm) in width and from 0.023 inch (0.6 mm) to 0.035 inch (0.9 mm) in thickness. The strapping designated as item number 11, having a carbon content that ranges from 0.11 percent to 0.17 percent, is painted and waxed and will be imported both in spirally oscillated coils and in coils of successively superimposed layers (ribbon wound). The strapping designated as item numbers 12, 13, 14 and 15, having a carbon content that ranges from 0.20 percent to 0.35 percent, is painted and waxed and will be imported in spirally oscillated coils.

The applicable subheading for the cold-rolled painted and waxed ribbon wound steel strapping (item # 11) will be 7212.40.1000, 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, painted, varnished or coated with plastics, of a width of less than 300 mm. The rate of duty will be 0.3 percent ad valorem.

The applicable subheading for the cold-rolled painted and waxed spirally oscillated steel strapping having a carbon content of less than 0.25 percent (items 11, 12, 13, 14 and 15) will be 7217.90.5030, HTS, which provides for wire of iron or nonalloy steel, other, other, containing by weight less than 0.25 percent of carbon. The rate of duty will be 0.5 percent ad valorem.

The applicable subheading for the cold-rolled painted and waxed spirally oscillated steel strapping having a carbon content ranging from 0.25 percent to 0.35 percent (items 11, 12, 13, 14 and 15) will be 7217.90.5060, HTS, which provides for wire of iron or nonalloy steel, other, other, containing by weight 0.25 percent or more but less than 0.6 percent of carbon. The rate of duty will be 0.5 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 7212.40.1000, 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. 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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