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NY J81670




March 28, 2003

CLA-2-72:RR:NC:1:117 J81670

CATEGORY: CLASSIFICATION

TARIFF NO.: 7207.11.0000

Mr. Richard A. Brazzale
Ferrostaal Incorporated
16510 Northchase Drive
Houston, Texas 77060

RE: The tariff classification of steel billets from Brazil.

Dear Mr. Brazzale:

In your letter dated March 5, 2003, you requested a tariff classification ruling.

The products to be imported are nonalloy steel billets for the manufacture of amorphous metal ribbon used in the production of electrical transformer cores. According to the chemical composition that was provided, the product will have a maximum carbon content of 0.08%. The products are rolled from ingots to a cross section of 140 mm x 140 mm and lengths ranging from 6400 mm to 7200 mm. After importation the billets are cut into predetermined small square-shaped finished sizes to facilitate remelting. They will be remelted in combination with ferroalloys to produce the required chemistry for the finished product. You suggest that these products are classifiable under HTS subheading 7204.49.00 which provides for other ferrous waste and scrap.

Waste and scrap is defined in HTS Section XV Note 8. (a) as “Metal waste and scrap from the manufacture or mechanical working of metals, and metal goods definitely not usable as such because of breakage, cutting-up, wear or other reasons.” Waste and scrape is furthered described in the Explanatory Notes to heading 7204. Examples of waste and scrap from the manufacture or mechanical working of iron or steel are given, and these include crop ends, filings and turnings. Your product does not meet the definition for waste and scrap. Semifinished steel products are defined in HTS Chapter 72 Note 1. (ij) as “Continuous cast products of solid sectionOther products of solid section, which have not been further worked than subjected to primary hot-rolling.” Your product is a square billet that has been rolled from an ingot.

The applicable subheading for the nonalloy steel square billet will be 7207.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for semifinished products of iron or nonalloy steel, containing by weight less than 0.25 percent of carbon, of rectangular (including square) cross section, the width measuring less than twice the thickness. The rate of duty will be 0.4 percent ad valorem.

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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