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NY I85781

September 27, 2002

CLA-2-72:RR:NC:1:117 I85781


TARIFF NO.: 7208.90.0000

Mr. Kevin Horgan
De Kiefer & Horgan, Suite 800
729 Fifteenth Street N.W.
Washington, D.C. 20005

RE: The tariff classification of steel circles from Germany.

Dear Mr. Horgan:

In your letter dated August 27, 2002 on behalf of Dillinger Huette USA, you requested a tariff classification ruling.

The products to be imported are steel circles that have been torch cut from hot-rolled rectangular nonalloy steel plate. After the circles are flame-cut from the plate, their faces are then subjected to a grinding process. The circles are available in the range from about 3800 mm (150”) up to 5250 mm (206”) in diameter and from about 15 mm (0.6”) up to 350 mm (13.7”) in thickness. After importation these circles will be hot-formed or cold-formed into concave shapes (dishing) and will be used as end pieces for pressure vessels.

You express the opinion that these steel circles are classifiable under HTS subheading 7326.90.8586. The proper classification of steel circles that are cut rather than stamped from flat-rolled steel was addressed in HQ ruling 963255 dated April 28, 2000. Steel circles produced by a cutting operation were found to be distinguishable from the circles produced by an automated cookie cutter stamping operation. This ruling held that such circles are not covered by the decision in Motor Wheel Corp. v. United States, 19 CIT 385 (1995).

The applicable subheading for the torch cut nonalloy steel 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 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 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. 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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