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NY I88455

December 16, 2002

CLA-2-72:RR:NC:1:117 I88455


TARIFF NO.: 7216.69.0000

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

RE: The tariff classification of steel profile material from Germany.

Dear Mr. Horgan:

In your letter dated November 13, 2002 on behalf of German Special Profiles LLC, you requested a tariff classification ruling. A sample that is a piece of the product to be imported was submitted with your request.

The product to be imported is a steel profile shape that will ultimately be made into auto seat guides. The profile shape, made of Grade 1018 nonalloy steel, is made by hot extruding the steel to form the customer’s proprietary shape and then cold-drawing the shape to impart the tolerance, straightness and finish required by the customer. This profile shape, which has a cross-sectional configuration in the form of a modified channel, is imported in material lengths. After importation, the profile shape is cut to specific lengths as required for particular equipment models; two holes are then drilled in each piece so that it can be attached to the car body. The greatest linear dimension when measured through a solid portion of the cross section is 24.5 mm.

The applicable subheading for the cold-drawn nonalloy steel profile shapes in material lengths 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. Effective January 1, 2003, the rate of duty will be 0.5 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 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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