CLA-2-72:RR:NC:1:117 I84043

Mr. Michael J. Colonna
JB & S Lees Inc.
4 Edison Place
Fairfield, NJ 07004-3501

RE: The tariff classification of steel strip from England.

Dear Mr. Colonna:

In your letter dated June 19, 2002, you requested a tariff classification ruling.

The product to be imported is cold-rolled steel strip ranging from 27.43 mm to 41.28 mm in width and having thicknesses of either 0.889 mm or 1.067 mm. This strip, imported in coils of successively superimposed layers, is not polished. The chemical analysis for this product was provided. You express the opinion that this strip meets the definition for tool steel in Chapter 72 Additional U.S. Note 1. (e) (iii). However, the definition for tool steel in Additional U.S. Note 1. (e) states that tool steels are alloy steels which contain certain combinations of elements in the quantities by weight indicated in (i) through (vi). The steel strip you plan to import does not meet the definition for alloy steel in Chapter 72 Note 1. (f). This strip, used in the production of wood cutting bandsaws, is nonalloy steel for tariff purposes.

The applicable subheading for the cold-rolled nonalloy steel strip will be 7211.29.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of less than 600 mm, not clad, plated or coated, not further worked than cold-rolled (cold-reduced), other, of a width of less than 300 mm, of a thickness exceeding 0.25 mm, of a width less than 51 mm, in coils. The rate of duty will be 0.7 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 7211.29.2030, unless specifically excluded, are subject to additional duties. See subheadings 9903.72.85 through 9903.73.04, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.02 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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division