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NY R00980




November 17, 2004

CLA-2-72:RR:NC:1:117 R00980

CATEGORY: CLASSIFICATION

TARIFF NO.: 7205.10.0000; 7205.21.0000; 7205.29.0000

Mr. Chadbourn Hawley
Comprador Inoxidable, Inc.
11 Fifth Street, Suite 103
Petaluma, CA 94952

RE: The tariff classification of steel shot from India and South Korea.

Dear Mr. Hawley:

In your letter dated October 21, 2004, you requested a tariff classification ruling.

The products to be imported are carbon (nonalloy) steel and stainless steel cut wire shot for use as abrasives or in shot peening metal parts. This cut wire shot will range from 0.010 inch (0.254 mm) up to 0.062 inch (1.57 mm) in diameter. Since this steel shot is produced by cutting steel wire into cylindrical shapes, you ask whether it can be classified under HTS heading 7205 which provides for granules and powders of iron or steel.

The Explanatory Notes to heading 7205 (A) for granules state that this heading also covers wire pellets produced by cutting iron or steel wire and used for cleaning up and descaling or surface hardening (shot peening) metal, for polishing or engraving on metal or glass, for working stone, etc. Granules are defined in Chapter 72 Note 1. (h) as “Products of which less than 90 percent by weight passes through a sieve with a mesh aperture of 1 mm and of which 90 percent or more by weight passes through a sieve with a mesh aperture of 5 mm.” Powders, which include steel powders, are defined in Section XV Note 8. (b) as “Products of which 90 percent or more by weight passes through a sieve having a mesh aperture of 1 mm.”

The applicable subheading for the carbon steel and stainless steel shot meeting the tariff definition for granules will be 7205.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for granules and powders, of pig iron, spiegeleisen, iron or steel, granules. The rate of duty will be free.

The applicable subheading for the carbon steel shot meeting the tariff definition for powder will be 7205.29.0000, HTS, which provides for granules and powders, of pig iron, spiegeleisen, iron or steel, powders, other. The rate of duty will be free.

The applicable subheading for the stainless steel shot meeting the tariff definition for powder will be 7205.21.0000, HTS, which provides for granules and powders, of pig iron, spiegeleisen, iron or steel, powders, of alloy steel. 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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