CLA-2 CO:R:C:M 088995 JMH

District Director
U.S. Customs Service
Patrick V. McNamara Building
Suite 200
477 Michigan Ave.
Detroit, MI 48266

RE: Protest and Request for Further Review 3801-0-003572, dated November 28, 1990; stainless steel; hot rolling; hot extrusion; extruded; GRI 6

Dear Sir:

This is in response to Protest and Request for Further Review 3801-0-003572, dated November 28, 1990, which concerns certain stainless steel sections. Our decision follows.

FACTS:

The articles in question are hot extruded stainless steel "H" sections imported in random or material lengths. The sections are produced by hot extruding. Hot extruding involves pushing a hot piece of steel through a die. It is not a hot rolling operation.

The protestant believes that the sections are properly classified in subheading 7222.40.30, Harmonized Tariff Schedule of the United States Annotated ("HTSUSA"), as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles shapes and sections...Hot-rolled, not drilled, not punched and not otherwise advanced..." Your office classified the sections in subheading 7222.40.60, HTSUSA, as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles shapes and sections...Other..."

ISSUE:

Whether the stainless steel "H" sections are classified in subheading 7222.40.30, as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles shapes and sections...Hot-rolled, not drilled, not punched and

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not otherwise advanced...", or in subheading 7222.40.60, as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles shapes and sections... Other..."

LAW AND ANALYSIS:

The classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation ("GRIs"). GRI 1, 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 and...according ..to the following provisions." There is no dispute regarding which heading is applicable in this instance. Heading 7222, HTSUSA, which describes "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel..." is agreed by both your office and the protestant to be the applicable heading. The issue involves the applicable subheading.

GRI 6, HTSUSA, one of "the following provisions" referred to in GRI 1, requires that GRIs are to be utilized for the determination of the appropriate subheading as they are for the proper heading. Therefore, the products to be classified must meet the terms of the subheadings, in accordance with GRI 1. The subheadings in contention are subheadings 7222.40.30 and 7222.40.60. These headings describe the following:

7222.40.30 ...Angles shapes and sections...Hot- rolled, not drilled, not punched and not otherwise advanced...

* * *

7222.40.60 ...Angles shapes and sections...Other...

In order to be classified in subheading 7222.40.30, the terms of the subheading require that the sections be hot rolled. The "H" sections in question are not hot rolled. Hot rolling involves the metal product being shaped through the use of rotating rolls. Explanatory Note Chapter 72(IV)(A)(1), Harmonized Commodity Description and Coding System ("HCDCS"), states "[h]or rolling means rolling at a temperature between the point of rapid recrystallisation and that of the beginning of fusion." (original emphasis) HCDCS, Vol. 3, p. 980. Extrusion is the shaping of metal by the forcing of the metal through a die to produce a continuously formed piece in the shape of a desired product. See Webster's II New Riverside University Dictionary, p. 458 (1984), and McGraw-Hill Dictionary of Scientific and Technical Terms.

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The "H" sections in question are not formed by hot rolling. but are formed by extrusion. Extrusion is a different process from hot rolling. Since the subject stainless steel sections are not hot-rolled, they do not meet the terms of subheading 7222.40.30. The stainless steel "H" sections meet the terms of subheading 7222.40.60. Therefore, the proper classification for the sections is subheading 7222.40.60, as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles, shapes and sectionS... Other..."

HOLDING:

The stainless steel "H" sections are not hot rolled, and thus, do not meet the terms of subheading 7222.40.30 as required by GRI 6 and GRI 1. The proper classification for the sections is subheading 7222.40.60, as "Other bars and rods of stainless steel; angles, shapes and sections of stainless steel...Angles, shapes and sections... Other..."

The protest should be denied in full. A copy of this decision should be attached to the Form 19 Notice of Action for the protest.

Sincerely,


John Durant, Director
Commercial Rulings Division