CLA-2-72:RR:NC:1:117 I85528

Mr. Sebastian Hofert
Schindhelm
Rechtsanwaltsgesellschaft MBH
New-York-Ring 13
22297 Hamburg
Germany

RE: The tariff classification of wire rod from Romania.

Dear Mr. Hofert:

In your letter dated August 19, 2002 on behalf of PwC Deutsche Revision Aktiengesellschaft Wirtschaftsprufungsgesellschaft, you requested a tariff classification ruling.

The product to be imported is hot-rolled nonalloy and alloy steel wire rod in coils ranging from 5.5 mm to 20 mm in diameter. The following qualities and grades of steel wire rod will be imported: Low Carbon nonalloy steel Grades 1006 and 1008, High Carbon nonalloy steel Grades 1060, 1080 and 1090, Cold Heading Quality nonalloy steel Grades 1020, 1022, 1038 and Cold Heading Quality alloy steel Grade 4037. The applicable subheading for hot-rolled nonalloy steel wire rod measuring less than 14 mm in diameter that is not tempered, not treated and not partly manufactured will be 7213.91.3090, Harmonized Tariff Schedule of the United States (HTS), which provides for bars and rods, hot-rolled, in irregularly wound coils, of iron or nonalloy steel, other, of circular cross section measuring less than 14 mm in diameter, not tempered, not treated and not partly manufactured, other. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for hot-rolled nonalloy steel wire rod containing 0.6 percent by weight or more of carbon and measuring less than 14 mm in diameter that has been tempered, treated or partly manufactured will be 7213.91.4590, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of iron or nonalloy steel, other, of circular cross section measuring less than 14 mm in diameter, other, containing by weight 0.6 percent or more of carbon, other. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for hot-rolled nonalloy steel wire rod containing less than 0.6 percent by weight of carbon and measuring less than 14 mm in diameter that has been tempered, treated or partly manufactured will be 7213.91.6090, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of iron or nonalloy steel, other, of circular cross section measuring less than 14 mm in diameter, other, other, other. The rate of duty will be 0.5 percent ad valorem.

The applicable subheading for hot-rolled nonalloy steel wire rod measuring 14 mm or more but less than 19 mm in diameter will be 7213.99.0038, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of iron or nonalloy steel, other, other, of circular cross section, with a diameter of 14 mm or more but less than 19 mm, other. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for hot-rolled nonalloy steel wire rod measuring 19 mm or more in diameter will be 7213.99.0060, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of iron or nonalloy steel, other, other, of circular cross section, with a diameter of 19 mm or more. The rate of duty will be 0.4 percent ad valorem.

The applicable subheading for hot-rolled alloy steel wire rod measuring 5 mm or more but less than 19 mm in diameter will be 7227.90.6053, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of other alloy steel, other, other, other, articles described in the superior text to subheadings 9903.72.09 through 9903.72.15. The rate of duty will be 0.9 percent ad valorem.

The applicable subheading for hot-rolled alloy steel wire rod measuring 19 mm or more in diameter will be 7227.90.6059, HTS, which provides for bars and rods, hot-rolled, in irregularly wound coils, of other alloy steel, other, other, other, other. The rate of duty will be 0.9 percent ad valorem.

Presidential Proclamation 7273, dated February 16, 2000, imposed a tariff rate quota on certain steel wire rod. Wire rod classified under HTS subheadings 7213.91.3090, 7213.91.4590, 7213.91.6090, 7213.99.0038 and 7227.90.6053 is subject to this tariff rate quota. See subheadings 9903.72.01 through 9903.72.15 and the superior text to those subheadings, copy attached.

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 subheadings 7213.99.0060 and 7227.90.6059, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.42 through 9903.73.52, copy attached. The hot-rolled steel wire rod measuring 19 mm or more in diameter you plan to import, which is a product of Romania, would be exempted from these additional tariffs by U.S. Note 11 (d), Subchapter III, Chapter 99. You should, however, 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