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NY R03189




February 23, 2006

CLA-2-72:RR:NC:1:117 R03189

CATEGORY: CLASSIFICATION

TARIFF NO.: 7223.00.5000

Ms. Sheri G. Lawson
Willson International, Inc.
250 Cooper Ave., Suite 102
Tonawanda, NY 14120

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of spirally oscillated stainless steel strip from Canada

Dear Ms. Lawson:

In your letter dated January 31, 2006, on behalf of Oetiker Ltd., you requested a tariff classification ruling. You also ask about the country of origin of the imported product, as well whether the required tariff shift is met for NAFTA eligibility.

The product to be imported from Canada is spirally oscillated stainless steel strip measuring 3/8” in width and between 0.5 mm and 1.0 mm in thickness.

Stainless steel master coils, in successively superimposed layers, having a No. 2B unpolished cold-rolled finish are imported into Canada from France and other countries. Measuring 5” in width, this strip is slit to a width of 3/8” and wound onto spools in a spirally oscillated fashion.

Flat-rolled steel products are defined in HTS Chapter 72 Note 1. (k) as "Rolled products of solid rectangular (other than square) cross sectionin the form ofcoils of successively superimposed layers." Since this strip material is imported in oscillated wound coils rather than in coils of successively superimposed layers, it does not meet the definition for flat-rolled products. Steel wire 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." This product meets the definition for wire.

  The applicable subheading for the spirally oscillated stainless steel strip will be 7223.00.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wire of stainless steel, flat wire. The rate of duty will be free.

With regard to NAFTA eligibility, TSUSA General Note 12(t) /72.10 requires a change to heading 7223 from any other heading except from heading 7221 through 7222. Since the stainless steel master coils from France and other countries are classified under HTS heading 7220 and the spirally oscillated strip processed in Canada is classified under HTS heading 7223, the required tariff shift has been made. However, since the merchandise is already unconditionally free, the North American Free Trade Agreement confers no special duty rate benefit.

In accordance with 19 CFR 102.11(a)(3) of the NAFTA rules of origin, the country of origin of the spirally oscillated strip has been determined to be Canada.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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