CLA-2-72:OT:RR:NC:N1:117
Daniel Fox
Hercules Drawn Steel Corporation
10221 Capital Avenue
Oak Park, MI 48237
RE: The tariff classification of steel bars from France and Germany
Dear Mr. Fox:
In your letter dated October 5, 2018 you requested a tariff classification ruling.
The products to be imported are 3-3/16” hot-rolled steel bars. Imported in material lengths, these bars are produced in diameters ranging from 80.96 mm to 82.15 mm. Based on the information provided, this merchandise is comprised of AISI 12L14 carbon steel and has a maximum molybdenum content of 0.08%, a maximum nickel content of 0.3%, a lead content from 0.15% to 0.35% and a sulfur content from 0.26% to 0.35%.
You suggest classification of the subject product in subheading 7214.30.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other bars and rods of iron or nonalloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling: Other, of free-cutting steel: Containing by weight 0.1 percent or more of lead. However, based on the maximum percentages of both molybdenum and nickel, these bars could also be classified in heading 7228, as alloy bars.
The applicable subheading for the bars with a molybdenum content of less than 0.08% and a nickel content of less than 0.3% will be 7214.30.0010, HTSUS, which provides for Other bars and rods of iron or nonalloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling: Other, of free-cutting steel: Containing by weight 0.1 percent or more of lead. The general rate of duty will be free.
The applicable subheading for the bars with a molybdenum content of .08% and/or a nickel content of 0.3% will be 7228.30.8041, HTSUS, which provides for Other bars and rods of other alloy steel; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel: Other bars and rods, not further worked than hot-rolled, hot-drawn or extruded: Other: Other: With a diameter of 76 mm or more but not exceeding 152 mm. The general rate of duty will be free.
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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under subheadings 7214.30.0010 and 7228.30.8041, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading listed above. The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division