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NY J81836





March 27, 2003

CLA-2-72:RR:NC:1:117 J81836

CATEGORY: CLASSIFICATION

TARIFF NO.: 7226.91.0500; 7228.30.4000

Mr. Steven W. Baker
Steven W. Baker and Associates
One Sutter Street, Suite 1004
San Francisco, California 94104-4919

RE: The tariff classification of chipper knife tool steel bars from various countries.

Dear Mr. Baker:

In your letter dated February 25, 2003 on behalf of Ferrostaal Incorporated, you requested a tariff classification ruling.

The products to be imported are described as hot-rolled annealed chipper knife tool steel bars. These bars, depending on their shape and dimensions, may meet the legal definitions for either flat-rolled products in HTS Chapter 72 Note 1.(k) or for other bars and rods in HTS Chapter 72 Note 1.(m). You state that during the production of the merchandise, the bar or flat-rolled steel is hot-rolled to the ordered shape and dimensions and annealed. The products are then sandblasted with a jet of steel grit to remove scale in a sandblasting chamber. The sandblasting is used solely for the purpose of removing scale

The applicable subheading for the chipper knife tool steel hot-rolled flat-rolled products will be 7226.91.0500, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of other alloy steel, of a width of less than 600 mm, other, not further worked than hot-rolled, of tool steel (other than high-speed steel), of chipper knife steel. The rate of duty will be free.

The applicable subheading for the chipper knife tool steel hot-rolled bars will be 7228.30.4000, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than hot-rolled, hot-drawn or extruded, of tool steel (other than high-speed steel), of chipper knife steel, not cold-formed. The rate of duty will be free.

This ruling does not apply to any product that is ordered “decarb free” where metal is removed from the surface of the product.

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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