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NY J87549




August 19, 2003

CLA-2-72:RR:NC:1:117 J87549

CATEGORY: CLASSIFICATION

TARIFF NO.: 7217.10.9000; 7326.90.8587

Mr. Robert G. Gaydo
Deringer Logistics Consulting Group
6930 Metroplex Drive
Romulus, MI 48174

RE: The tariff classification of clicker die steel from Austria.

Dear Mr. Gaydo:

In your letter dated July 7, 2003 on behalf of Ontario Die International, you requested a tariff classification ruling. Representative sample of the products to be imported were submitted with your request.

The product to be imported is known as clicker die steel. The clicker die steel is hardened and tempered cold-rolled nonalloy strip steel having a carbon content ranging from 0.52% to 60% by weight. It ranges from 19 mm to 50 mm in width, from 2 mm to 4 mm in thickness and will be imported in coils of successively superimposed layers. The clicker die steel has several different cross sectional configurations or profiles that are achieved by rolling and then grinding. The various profiles have the following designations: TZP, PZA, BET, BETR, TE, AA, AE and BDT. Profiles AA and AE have cross sections in the shape of convex polygons; AE is single-beveled and AA is double beveled. Profiles TE and BET have cross sections in the shape of concave polygons. Profile PZA has a cross section in the shape of a convex polygon and is serrated along the length of one side. Profile TZP has a cross section in the shape of a convex polygon, is serrated along the length of one side and has holes punched. There is no sample of profile BETR, nor is there a drawing showing the cross sectional configuration. After importation, the clicker die steel will be cut to size and bent into particular configurations.

Flat-rolled products of steel are defined in HTS Chapter 72 Note 1. (k) as “Rolled products of solid rectangular (other than square) cross sectionin the form of coils of successively superimposed layers.” The Explanatory Notes to heading 7208 state that flat-rolled products may have been worked after rolling by beveling or rounding the edges. Based on the information submitted, the subject clicker die steel material cannot be classified as a flat-rolled product because it is not a rolled product of rectangular cross section that has been beveled after rolling. The cross-sectional configuration--convex and concave polygon--has been achieved during the rolling process.

Other bars and rods of steel are defined in HTS Chapter 72 Note 1. (m) as “Products which do not conform to any of the definitions at(k)or to the definition of wire, which have a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles or other convex polygons.” Angles, shapes and sections of steel are defined in HTS Chapter 72 Note 1. (n) as “Products having a uniform solid cross section along their whole length which do not conform to any of the definitions at(k)(m)or to the definition of wire. Wire of steel is defined in HTS Chapter 72 Note 1. (o) as “Cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products.” The subject clicker die steel material meets the definition of wire. Although the clicker die steel material having a solid cross section in the shape of a convex polygon meets the definition for other bars and rods in Chapter 72 Note 1. (m), this note states that such products cannot conform to the definition of wire. Although the clicker die steel material having a solid cross section in the shape of a concave polygon meets the definition for angles, shapes and sections in Chapter 72 Note 1. (n), this note states that such products cannot conform to the definition of wire.

The cold-formed clicker die steel material in coils having cross sections in the shape of convex and concave polygons that have not been serrated along the length of one side or that have not been serrated along the length of one side and have holes punched will be classified as steel wire. Because they are imported in coils--material form--the character or identity of the individual articles cannot be fixed with certainty. This issue was discussed at length in HQ rulings 965591 and 965589, both dated 9/17/02. The clicker die steel material in coils that have been serrated along the length of one side will be classified as articles of steel.

The applicable subheading for the non-serrated nonalloy steel clicker die material having a carbon content ranging from 0.52% to 60%% by weight will be 7217.10.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for wire of iron or nonalloy steel, not plated or coated, whether or not polished, other, other wire. The rate of duty will be 0.6 percent ad valorem.

The applicable subheading for the serrated and serrated and punched nonalloy steel clicker die material will be 7326.90.8587, HTS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 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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