CLA-2-72:OT:RR:NC:1:117
Ms. Diana Fournier
Manager, Import Administration and Logistics
888 San Clemente Drive, Suite 250
Newport Beach, CA 92660
RE: The tariff classification of flat-rolled nonalloy steel in coils from Russia
Dear Ms. Fournier:
In your letter dated November 19, 2012 you requested a tariff classification ruling.
The items under consideration are flat-rolled nonalloy steel in coils that has not been further worked other than hot-rolled. The products are described in two sizes. The first is a 2.84mm thick X coil, and the second is a 6.10 mm thick X coil. Both are 1524 mm wide, and have been subjected to the same yield point mechanical tests. The yield point test results for the first item were 279 MPa and 273 MPa, tested on the same lot. The results for the second item were 356 MPa and 342 MPa, taken from two different lots.
Mill test certificates were submitted for the instant products. The certificates indicate that the products are manufactured to meet American Society of Testing and Materials (ASTM) standards A1011/A101M-10 and A36M-08. The chemical composition shown in the mill test certificates indicates that the products are nonalloy steel. See Note 1(d) to Chapter 72, Harmonized Tariff Schedule of the United States (HTSUS).
Your specific question is whether these products should be classified as high strength steel or as other than high strength steel, when only one of the two data points for each product conforms to high strength steel. The term “high strength steel” is defined in Additional U.S. Note 1(a) to Chapter 72, HTSUS, which states that the term applies to “Flat-rolled products of a thickness of less than 3 mm and having a minimum yield point of 275 MPa or of a thickness of 3 mm or more and having a minimum yield point of 355 MPa.” The instant products are flat-rolled products, some having a thickness less than 3 mm and the balance having a thickness of 3 mm or more. The mill certificates for the coils included with your inquiry include yield point data applicable to the entire coils.
In accordance with the relevant ASTM standard, only two tension tests were performed on each coil. See ASTM A1011/A101M-10, para. 8.2.2.2. For both of the products at issue, one yield point result is below the minimum yield point designated in the definition of high strength steel in Additional U.S. Note 1(a) of Chapter 72, HTSUS, while the other result is at or above the minimum yield point. In this specific situation, the lower of the two results for yield point will be used for classification.
The applicable subheading for the subject nonalloy steel coils having a thickness of 6.10 mm, where the mill test certificate indicates that one yield point result is at or above 355 MPa and the other is below 355 MPa, will be 7208.37.0060, HTSUS, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600mm or more, hot-rolled, not clad, plated or coated: other, in coils, not further worked than hot-rolled: of a thickness of 4.75mm or more but not exceeding 10mm: other. The rate of duty will be free.
The applicable subheading for the subject nonalloy steel coils having a thickness of 2.84 mm, where the mill test certificate indicates that one yield point result is at or above 275 MPa and the other is below 275 MPa, will be 7208.39.0090, HTSUS, which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, hot-rolled, not clad, plated or coated: other, in coils, not further worked than hot-rolled: of a thickness of less than 3 mm; other, other. The rate of duty will be free.
The merchandise in question may be subject to antidumping duties or countervailing duties. We note that the International Trade Administration is not necessarily bound by a country of origin or classification determination issued by CBP, with regard to the scope of antidumping orders 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 ACE, the system of record for AD/CVD messages, or the AD/CVD Search tool at .
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,
Thomas J. Russo
Director
National Commodity Specialist Division