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NY K82934




February 25, 2004
CLA-2-72:RR:NC:1:117 K82934

CATEGORY: CLASSIFICATION

TARIFF NO.: 7210.90.1000; 7212.60.0000

Ms. Jacki Skoreyko
Cole International Inc./Freight Inc.
6005 103A Street
P.O. Box 838
Edmonton, AB, Canada

RE: The tariff classification of clad steel wear plate from Canada.

Dear Ms. Skoreyko:

In your letter dated January 26, 2004 on behalf of Wilkinson Steel and Metals, you requested a tariff classification ruling. Descriptive literature was submitted with your request.

The product to be imported is described as chromium carbide overlay wear plate. This wear plate is a clad plate consisting of a mild steel backing (base) plate onto which a layer of chromium carbide alloy (overlay) is applied. The wear plate is produced in various thicknesses ranging from 3/8 inch to 1 ½ inches. The maximum plate size is 90 inches x 144 inches. You state that in some cases the base plate predominates by weight over the overlay, and in some cases the overlay material predominates by weight over the base plate. The chemical composition of the carbon/nonalloy steel base plate is 0.17% carbon, 0.05 silicon, 1.5% manganese and the balance iron. The chemical composition of the overlay material is 4.2% carbon, 28% chromium, 1.9% manganese, 0. 9% molybdenum, approximately 55% iron and the balance ferromanganese, ferromolybdenum and ferroboron. These plates are used as a protective material against wear and impact in such industries as mining, steel making, asphalt and construction, cement plants, power plants and pulp and paper plants.

You express the opinion that the wear plates in which the overlay material predominates by weight should be classified in HTS heading 8113 as a cermet, a ceramic/metallic product. Steel is defined in HTS Chapter 72 Note 1. (d) as “Ferrous materials other than those of heading 7203 whichare usefully malleable and which contain by weight 2 percent or less of carbon.” Iron is a ferrous product (iron/Fe predominating by weight over each of the other metals) that contains over 2 percent of carbon; iron can also be described as an iron-base material not falling into the steel classifications. The overlay material has the chemical composition of alloy iron.

The subject clad wear plates consist of a base plate of nonalloy steel and an overlay of iron, specifically, alloy iron. Chapter 72, Subchapter II, which includes subheadings 7210.90.1000 and 7212.60.0000, covers products of iron or nonalloy steel. The plates are classified under these subheadings whether the base plate predominates by weight or whether the overlay predominates by weight.

The applicable subheading for the clad steel wear plates that measure 600 mm or more in width will be 7210.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, other, clad. The rate of duty will be free.

The applicable subheading for the clad steel wear plates that measure less than 600 mm in width will be 7212.60.0000, HTS, which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, clad, plated or coated, clad. The rate of duty will be free.

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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