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NY I81587

July 19, 2002

CLA-2-72:RR:NC:1:117 I81587


TARIFF NO.: 7216.50.0000; 7228.70.3040

Mr. Phillip B. Straub
Caterpillar Inc.
Engine Products Division
P.O. Box 610
Mossville, IL 61552-0610

RE: The tariff classification of steel track shoes from various countries.

Dear Mr. Straub:

In your letter dated May 8, 2002, you requested a tariff classification ruling. Additional information was submitted in your correspondence dated June 24, 2002.

The products to be imported are hot-rolled nonalloy and alloy steel sections known as track shoes. Engineering drawings showing the cross sectional configurations and dimensions of these products were submitted with your request. These track shoes will be imported in material lengths. A track shoe consists of the base or plate with protrusions/flanges (single, double, triple grousers) that are perpendicular to the base. An issue that has been raised with regard to these steel track shoes is how to determine the height. The HTS Subheading Explanatory Notes to Subheadings 7216.10/21/22/31/32/33/40 provide guidance as to how the height should be determined for U, I, H, L and T sections. However, there is no indication in the Explanatory Notes as to how to determine the height with regard to special sections. The height of special sections is determined by measuring the maximum solid cross-sectional dimension, in this case, the dimension of the base or plate. Noting the summary sheets showing the dimensions of the various track shoes, the heights range from 182.5 mm to 368 mm for the single grouser sections, from 197 mm to 368 mm for the double grouser sections and from 166 mm to 254.5 mm for the triple grouser sections.

The applicable subheading for the hot-rolled nonalloy steel track shoes will be 7216.50.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, other angles, shapes and sections, not further worked than hot-rolled, hot drawn or extruded. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the hot-rolled alloy steel track shoes will be 7228.70.3040, HTS, which provides for angles, shapes and sections, of other alloy steel, angles, shapes and sections, hot-rolled, not drilled, not punched and not otherwise advanced, with a maximum cross-sectional dimension of 76 mm or more, other. The rate of duty will be 0.4 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 subheadings 7216.50.00 and 7228.70.30, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Noting that the superior text to subheadings 9903.73.42 through 9903.73.52 excludes “sections not further worked than hot-rolled, hot-drawn or extruded, with a height of 80 mm or more”, your products would not be subject to these additional duties.

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.


Robert B. Swierupski

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