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NY I87260





October 25, 2002

CLA-2-72:RR:NC:1:117 I87260

CATEGORY: CLASSIFICATION

TARIFF NO.: 7215.10.0000; 7228.50.5050

Mr. Gary Klestadt
Trans-World Shipping Corp.
75 Maiden Lane, Suite 903
New York, NY 10038

RE: The tariff classification of steel bars from Italy.

Dear Mr. Klestadt:

In your letter dated October 8, 2002 on behalf of Sovereign Specialty Steel Inc., you requested a tariff classification ruling.

Two different grades of steel bars will be imported. The first bar is a Grade 12L14 nonalloy free-cutting steel cold drawn round bar measuring 1.89 inches in diameter. The applicable ASTM Specifications are A 29 and A 108. ASTM Specification A 29 is the Standard Specification for Steel Bars, Carbon and Alloy, Hot-Wrought and Cold-Finished, General Requirements for. ASTM Specification A 108 is the Standard Specification for Steel Bars, Carbon, Cold-Finished, Standard Quality. The second bar is a Grade 4140 other alloy steel cold drawn quenched and tempered round bar measuring 1 inch in diameter. The applicable ASTM Specification is A 29.

The applicable subheading for the Grade 12L14 cold drawn steel bar will be 7215.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, of free-cutting steel, not further worked than cold-formed or cold-finished. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the Grade 4140 cold drawn steel bar will be 7228.50.5050, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than cold-formed or cold-finished, other, other. The rate of duty will be 1.5 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 7215.10.0000 and 7228.50.5050, unless specifically excluded, are subject to additional duties. See
subheadings 9903.73.55 through 9903.73.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.60 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.

You have asked whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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.

Sincerely,

Robert B. Swierupski
Director,

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