CLA-2 CO:R:C:M 950043 KCC

Mr. Alex Todds
Foundries Inc.
P.O. Box 151
Main Street Post Office
Flushing, New York 11355

RE: Cast Iron Spill Protector and Cast Iron Ventilation Box; GRI 1; Chapter 73, Note 1; Chapter 72, Note 1(d); EN 73.25

Dear Mr. Todds:

This is in response to your letters dated June 11, and July 3, 1991, to Customs in New York, regarding the tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), of cast iron spill protectors and cast iron ventilation boxes imported from Brazil. Your letter and samples were forwarded to this office for a response.

FACTS:

The articles under consideration are spill protectors and ventilation boxes. Both of these items are made from grey cast- iron which does not contain more than 0.9% Phosphorous nor more than 0.15% Sulphur. The carbon content of the grey cast-iron is between 3% and 3.5%. The castings are manufactured to conform to ASTM specifications A-48 class 30B with H-20 wheel loading factor.

The spill protectors are normally found in petroleum pumping stations. They are used as a protector for observation wells to ensure that the wells are not contaminated by the accidental drop of unauthorized chemicals, liquids, etc.

The ventilation boxes are normally 2" to 4" in diameter small cast iron pieces which have a system for discharging excess pressure in the underground system or for allowing the air to go in the system and keep it ventilated. Without the ventilation box the gas system could result in pressure build up of gases, air or fluid, or gas accumulation in a system resulting in explosions.

ISSUE:

What is the proper tariff classification of the spill protectors and ventilation boxes under the HTSUSA?

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI, HTSUSA, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...." The spill protectors and ventilation boxes are properly classified under subheading 7325.10.00, HTSUSA, as "Other cast articles of iron or steel...Of nonmalleable cast iron." An applicable note, Chapter 73, Note 1, HTSUSA, states the following:

In this chapter the expression "cast iron" applies to products obtained by casting in which iron predominates by weight over each of the other elements and which do not comply with the chemical composition of steel as defined in Note 1(d) to Chapter 72.

Chapter 72, Note 1(d), HTSUSA, provides that steel is usefully malleable and contain by weight 2 percent or less of carbon.

The spill protectors and iron ventilation boxes are cast products of which iron is the dominant material. The content of carbon within the cast iron is greater than that allowed by Chapter 72, Note 1(d). Therefore, the spill protectors and ventilation boxes are cast iron products in accordance with Chapter 73, Note 1.

Explanatory Note (EN) 73.25 of the Harmonized Commodity Description and Coding System (HCDCS) states that heading 7325 "includes inspection traps, gratings, drain covers and similar castings for sewage, water, etc., systems...." HCDCS, EN 73.25, Vol. 3, p. 1037. The Explanatory Notes, although not dispositive, are to be looked to for the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). The articles under consideration are of the type contemplated by heading 7325, HTSUSA. Thus, it is the opinion of this office that the spill protectors and ventilation boxes are classified under subheading 7325.10.00, HTSUSA.

Based on the information submitted, the subject cast iron spill protectors and cast iron ventilation boxes may be subject to Antidumping Duty Order A-351-503 (51 Fed. Reg. 17220 (May 9, 1986)), which deals with certain iron construction castings from Brazil or Countervailing Duty Order C-351-504 (51 Fed. Reg. 17786 (May 15, 1986)), which deals with certain heavy iron construction castings from Brazil. Any questions regarding this issue should be addressed to the Office of Investigations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue N.W., Washington, D.C. 20230.

HOLDING:

The spill protectors and ventilation boxes are properly classified under subheading 7325.10.00, HTSUSA, as "Other cast articles of iron or steel...Of nonmalleable cast iron."

Sincerely,

John Durant, Director
Commercial Rulings Division