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NY J85349





July 2, 2003

CLA-2-72:RR:NC:1:117 J85349

CATEGORY: CLASSIFICATION

TARIFF NO.: 7214.99.0015

Mr. Mark E. Rosner
Stemcor USA Inc.
The Empire State Building
Suite 7815
New York, NY 10118-7894

RE: The tariff classification of steel bars from Russia, Belarus and the Ukraine.

Dear Mr. Rosner:

In your letter dated June 3, 2003, you requested a tariff classification ruling.

The products to be imported are described as hot-rolled round bars of nonalloy (Grades 1015-1018) steel. The bars, which measure from 3.25 through 6 inches in diameter and from 18 to 20 feet in length, are either rolled from continuous cast blooms or from ingots. The bars are produced in accordance to ASTM Specification A 29, the Standard Specification for Steel Bars, Carbon and Alloy, Hot-Wrought and Cold-Finished, General Requirements for. The bars are sold to the following end users: service centers where they undergo minimum processing such as cutting before being resold to machine shops, forgers and original equipment manufacturers; forge shops where they are cut into pieces, reheated and forged into custom parts; and aluminum smelters where they are cut to length, machined to resemble a huge bullet and used as anodes or cathodes, conducting electricity into vats of alumina.

You ask whether these products would be classified as semifinished steel billets or as bars. Noting how these products are used after importation and noting that they are produced to an ASTM Specification for bars, they are considered bars for classification purposes.

The applicable subheading for the hot-rolled nonalloy steel round bars will be 7214.99.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling, other, other, rounds, containing by weight less than 0.25 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 7214.99.0015, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.51 which currently carries an additional 24 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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