CLA-2-72:OT:RR:NC:1:117
Mr. Gerald Johnson
Wickeder Westfalenstahl
25823 Springbrook
Farmington Hills, MI 48336
RE: The tariff classification of clad stainless steel from Germany.
Dear Mr. Johnson:
In your letter dated April 9, 2009 you requested a tariff classification ruling. Descriptive literature and a sample were submitted with your request.
You plan to import several types of multi-layered clad stainless steel in coil form. Although available in a variety of make-ups, each of these products is comprised of a Type 304 or 304L stainless layer which will always predominate by weight. This layer may be clad on one or both sides with either Alloy 840 or Alloy 800, both stainless steels; the latter of which meets the high-nickel alloy steel definition found in Section XV, Statistical Note 1 of the Harmonized Tariff Schedule of the United States (HTSUS). These coils will vary in width according to customer specification.
You inquired about classification under subheading 7220.90.0080, HTSUS, as flat-rolled products of stainless steel, of a width of less than 600 mm, other, other, other. However, since it is the type 304/304L stainless (a non high-nickel alloy steel) which will always predominate by weight, these clad products are more specifically provided for elsewhere in this subheading.
The applicable subheading for the clad stainless steel will be 7220.90.0010, (HTSUS), which provides for flat-rolled products of stainless steel, of a width of less than 600 mm, other, containing more than 0.5 percent but less than 24 percent by weight of nickel, containing more than 1.5 percent but less than 5 percent by weight of molybdenum. The rate of duty will be free.
The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division