CLA-2:CO:R:C:M 951215 JAS
Mr. Ralph B. Shirmer
7700 E. Speedway, Suite 806
Tucson, Arizona 85710-1640
RE: Steel Bar Grating; Welded Grating; Catwalk Grating;
Bar Grating; Floor Plates; Flooring Panels; Stair Plates
Dear Mr. Shirmer:
In your letter of February 26, 1992, you inquire as to the
tariff status of certain steel bar grating panels from Venezuela.
Descriptive literature was submitted.
FACTS:
The merchandise in question is described as galvanized steel
bar grating. It is imported in panels measuring either 10 or 20
feet long, 3 feet wide, and 1 inch deep. Each panel consists of
a series of steel bars of rectangular cross section,
perpendicular to the ground and evenly spaced, and connected by
horizontally welding wire rods at various intervals. The panels
are not enclosed by a frame. The panels are used as flooring and
steps in catwalks, fire escape landings, work platforms and
similar structural applications in refineries, shipyards, and
power and water utilities. After importation, the panels are
usually sold to wholesalers and retailers, but at times are cut
to smaller sizes as required by a particular customer.
You inquire whether one or more of HTS headings 7308, 7314,
or 7326 might apply. You also inquire whether the goods qualify
for duty-free entry under the Generalized System of Preferences
(GSP) and whether it is subject to the steel restraints or other
special quota requirements, or to trigger pricing.
ISSUE:
Whether the bar grating in issue is merchandise of heading
7308.
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LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 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 provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Heading 7326 is a provision for other articles of iron or
steel not more specifically covered elsewhere in the HTSUS.
Therefore, if either heading 7308 or heading 7314 applies, the
goods are classifiable therein.
Heading 7314 provides for cloth, grill, netting and fencing
of iron or steel, and also for expanded metal of iron or steel.
Relevant Explanatory Notes (ENs), which provide a commentary on
the scope of each heading of the HTSUS, and which Customs
considers useful in ascertaining classification of merchandise
under the HTSUS, indicate that goods of the former group are, in
the main, produced by interlacing, interweaving, netting, etc.
iron or steel wire by hand or machine. The methods of
manufacture broadly resemble those used in the textile industry
(for simple warp and weft fabrics, knitted or crocheted fabrics,
etc). The ENs also indicate that expanded metal of heading 7314
is a network of diamond shaped meshes formed by stretching sheet
or strip metal in which parallel incisions have been cut. The
galvanized steel panels in issue are fabricated articles which do
not conform to the description of goods of heading 7314.
Heading 7308 provides for structures and parts of
structures (for example, bridges and bridge-sections, lock-gates,
towers, lattice masts, roofs, roofing frame-works, doors and
windows and their frames and thresholds for doors, shutters,
balustrades, pillars and columns) of iron or steel The heading
also provides for plates, rods, angles, shapes, sections, tubes
and the like, prepared for use in structures, of iron or steel.
Relevant ENs indicate that heading 7308 covers complete or
incomplete metal structures, as well as parts of structures. In
addition to the articles listed in the text of heading 7308, the
ENs identify the following as being within the scope of heading
7308: tubular scaffolding and similar equipment, piers and
jetties, gangways, balconies and verandas.
In our opinion, the class of iron or steel articles in which
these bar grating panels are used qualify as "structures" for
tariff purposes.
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HOLDING:
Under the authority of GRI 1, the bar grating panels, as
described, are provided for in heading 7308, HTSUS. Actual
classification is in subheading 7308.90.90, HTSUS, as other
structures and parts of structures, of iron or steel. The rate
of duty is 5.7 percent ad valorem.
Articles from Venezuela classifiable in subheading
7308.90.90 are eligible for free entry under the Generalized
System of Preferences (GSP), if otherwise qualified under
applicable law and Customs Regulations. Copies of these
provisions are enclosed. In addition, the trigger pricing
mechanism to which you refer, as it relates to the Special
Summary Steel Invoice (SSSI), expired in 1982 while the steel
restraint agreements (VRAs) terminated on March 31, 1992.
Finally, copies of the Treasury Decisions (TDs) you cite may be
obtained from the nearest local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure