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NY J80797




March 7, 2003

CLA-2-72:RR:NC:1:117 J80797

CATEGORY: CLASSIFICATION

TARIFF NO.: 7215.90.3000; 7217.20.3000; 7217.20.4570

Mr. Charles B. Coates
Paramount Wire Company Inc.
1075 Ovington Ave.
Brooklyn, NY 11219

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

Dear Mr. Coates:

In your letter dated February 10, 2003, you requested a tariff classification ruling.

The product to be imported is low carbon galvanized steel wire measuring 0.1055 inch in diameter. The wire will be imported both in coils and in 12-foot cut lengths.

The applicable subheading for the cut-to-length galvanized steel wire will be 7215.90.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, other, plated or coated with metal, cold-formed. The rate of duty will be 0.8 percent ad valorem.

The applicable subheading for the galvanized steel wire in coils containing less than 0.25 percent by weight of carbon will be 7217.20.3000, HTS, which provides for wire of iron or nonalloy steel, plated or coated with zinc, round wire, with a diameter of 1.5 mm or more and containing by weight less than 0.25 percent of carbon. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the galvanized steel wire in coils containing 0.25 percent or more by weight of carbon will be 7217.20.4570, HTS, which provides for wire of iron or nonalloy steel, plated or coated with zinc, round wire, other, with a diameter of 1.5 mm or more, 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 7215.90.3000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.55 through 9903.73.62, copy attached. Based upon the description of the merchandise
provided in your request, the applicable Chapter 99 subheading is 9903.73.60, if entered during the period from March 20, 2002, through March 19, 2003, inclusive, which currently carries an additional 30 percent ad valorem tariff. If the merchandise is entered during the period from March 20, 2003, through March 19, 2004, inclusive, the applicable Chapter 99 subheading is 9903.73.61, which carries an additional 24 percent ad valorem. 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.

You ask whether such products of certain countries are exempt from these additional tariffs. The superior text to subheadings 9903.73.55 through 9903.73.62 states, in part, “Cold-formed bars and rods of steelprovided for in subheading 7215.90.30other than products of Canada, Israel, Jordan and Mexico and products of countries exempted in U.S. note 11(d) to this subchapter.” Attached is a copy of U.S. note 11(d)(i). Also see U.S. note 11(d)(ii) which indicates certain limitations that apply to the enumeration in (d)(i).

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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