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NY J82683




April 18, 2003

CLA-2-72:RR:NC:1:117 J82683

CATEGORY: CLASSIFICATION

TARIFF NO.: 7216.50.0000

Mr. R. Garry Cummings
Cascade Corporation
104 Industrial Park Blvd.
Warner Robins, GA 31088

RE: The tariff classification of steel profile shapes from Germany.

Dear Mr. Cummings:

In your letter dated March 13, 2003, you requested a tariff classification ruling. An engineer’s drawing of the product at issue was submitted.

The product to be imported is a hot-rolled nonalloy steel S-shaped profile that will be used in forklift truck attachments. This profile is designated as Cascade Profile Number S-6267 and German Special Profile Number 3426. This profile has an overall height of over 80 mm but has a linear dimension of less than 80 mm when measured through any solid portion of the cross section.

You indicate in your ruling request that this S-shaped profile is classified in HTS subheading 7216.91.00. This subheading provides for angles, shapes and sections that are cold-formed or cold-finished from flat-rolled products. The subject profile is not further worked than hot-rolled, hot-drawn or extruded.

The applicable subheading for the hot-rolled nonalloy steel S-shaped profile will be 7216.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, other angles, shapes and sections, not further worked than hot-rolled, hot-drawn or extruded. The rate of duty will be 0.1 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 7216.50.0000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Your product, described in subheading 9903.80.74 and enumerated in U.S. note 11(c)(cccxl), is exempted from these additional tariffs. 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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