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NY I84457

August 16, 2002

CLA-2-72:RR:NC:1:117 I84457


TARIFF NO.: 7208.90.0000

Ms. Lynn Taplay
Samuel, Son & Co. Limited
410 Nash Road, N.
Hamilton, Ontario, Canada L8H 7K8

RE: The tariff classification of steel circles from various countries.

Dear Ms. Taplay:

In your letter dated July 17, 2002, you requested a tariff classification ruling.

The products to be imported are carbon steel circles that have been flame-cut from hot-rolled carbon steel plates (master plates). You state that the master plates may be produced in various originating mills or may be produced in offshore mills. The master plates are made to ASTM Specifications A 36 and A 516 Grade 70. ASTM Specification A 36 is the Standard Specification for Carbon Structural Steel and ASTM Specification A 516 is the Standard Specification for Pressure Vessel Plates, Carbon Steel, for Moderate-and Lower-Temperature Service. The master plates range from 3 1/2 inches to 20 inches in thickness. The hot-rolled carbon steel master plates are classified under HTS subheading 7208.51.00, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated, other, not in coils, not further worked than hot-rolled, of a thickness exceeding 10 mm. Your plate facility in Canada, Samuel Plates Sales, flame-cuts circles from the master plates. The circles range from 3 ½ inches to 20 inches in thickness and from 20 inches to 96 inches in diameter. These steel circles will ultimately be used in the production of rotor posts, parts of heat exchanger units.

The applicable subheading for the carbon steel flame-cut circles will be 7208.90.0000, 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, hot-rolled, not clad, plated or coated, other. The general rate of duty will be 1 percent ad valorem.

General Note 12(t)/72.7, HTS, requires a change to headings 7208 through 7216 from any heading outside that group. The change in tariff classification required by this note has not been met.

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 7208.90.0000, unless specifically excluded, are subject to additional duties. See subheadings 9903.72.50 through 9903.72.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.72.60 which currently carries an additional 30 percent ad valorem tariff. These additional tariffs do not apply to products of Canada, Israel, Jordan and Mexico and products of countries exempted by U.S Note 11(d), Subchapter III, Chapter 99 (except products of Brazil). At the time of importation, you must report this Chapter 99 number, if applicable, 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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