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NY I89036

December 31, 2002

CLA-2-72:RR:NC:1:117 I89036


TARIFF NO.: 7224.90.0045; 7228.30.8050

Mr. Norio Dan
Mitsubishi International Steel, Inc.
580 Westlake Park Blvd., Suite 1610
Houston, TX 77079

RE: The tariff classification of alloy steel billets from Japan.

Dear Mr. Dan:

In your letter dated December 3, 2002, you requested a tariff classification ruling.

The products to be imported are described as hot-rolled square billets measuring 6.25 to 95.1 square inches. These billets are made of various grades of alloy steel, including modified SAE PS 55, SAE E4340H, SAE 4121 and SAE 4715. It is not clear whether these products, in their imported condition, are made to ASTM specifications. If these products are neither ordered nor made to industry specifications and are intended to be reheated and re-worked after importation, they will be considered to be semifinished products. If, however, these products are ordered and made to ASTM specifications for bar products, they will be considered to be bars.

The applicable subheading for alloy steel square billets will be 7224.90.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for other alloy steel in ingots or other primary forms; semifinished products of other alloy steel, other, other, other, of rectangular (including square) cross section, having a width less than four times the thickness. The rate of duty will be 0.5 percent ad valorem.

The applicable subheading for hot-rolled alloy steel bars will be 7228.30.8050, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than hot-rolled, hot-drawn or extruded, other, other. The rate of duty will be 0.6 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 7228.30.8050, 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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