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NY J86142




June 30, 2003

CLA-2-73:RR:NC:1:117 J86142

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.21.50; 7307.91.50

Mr. Rajeev Kapoor
Sumitec International, Inc.
577 Hillcrest Drive
Bolingbrook, IL 60440

RE: The tariff classification of steel flanges from India.

Dear Mr. Kapoor:

In your letter dated May 20, 2003, you requested a tariff classification ruling.

The products to be imported are galvanized carbon steel flanges and stainless steel flanges. These flanges are produced by flame cutting each piece from either carbon steel or stainless steel plate. The flanges then have holes drilled in the appropriate places and are machined to remove the rough edges. The carbon steel flanges are hot-dip galvanized or zinc plated. Relevant ASTM specifications are ASTM A 36, the Standard Specification for Carbon Structural Steel, ASTM A 283, the Standard Specification for Low and Intermediate Tensile Strength Carbon Steel Plates, ASTM A 285, the Standard Specification for Pressure Vessel Plates, Carbon Steel, Low-and Intermediate-Tensile Strength, and ASTM A 240, the Standard Specification for Heat-Resisting Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels.

The applicable subheading for the flame cut stainless steel flanges will be 7307.21.50, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, of stainless steel, flanges, other. The rate of duty will be 5.6 percent ad valorem.

The applicable subheading for the flame cut galvanized carbon steel flanges will be 7307.91.50, HTS, which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, flanges, other. The rate of duty will be 5.5 percent ad valorem.

Articles classifiable under subheadings 7307.21.50 and 7307.91.50, HTS, which are products of India may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our web site at www.cbp.gov and search for the term “GSP”.

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 7307.91.50, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.88 through 9903.73.95, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.94 which currently carries an additional 10 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.

Sincerely,

Robert B. Swierupski
Director,

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