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NY I82831

July 2, 2002

CLA-2-72:RR:NC:1:117 I82831


TARIFF NO.: 7216.69.0000

Mr. Gary Aspmo
Cascade Corporation
P.O. Box 20187
Portland, OR 97294-0187

RE: The tariff classification of steel T-Bars from the Netherlands.

Dear Mr. Aspmo:

In your letter dated June 3, 2002, you requested a tariff classification ruling. Photos and descriptive literature were submitted with your request.

The product to be imported is a cold-drawn carbon steel T-Bar which will ultimately be incorporated into a fork clamp assembly. In its imported condition, the T-Bar is cut-to-length and the edges are chamfered. You suggest that this product is classifiable as a part under HTS heading 8431. However, as imported, the T-bar is not recognizable as a part of a fork clamp solely or principally used as such.

The applicable subheading for the cold-drawn carbon steel T-bar will be 7216.69.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for angles, shapes and sections of iron or nonalloy steel, angles, shapes and sections, not further worked than cold-formed or cold-finished, other. The rate of duty will be 1 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 subheading 7216.69.0000, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.50 which currently carries an additional 30 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

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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