CLA-2-72:OT:RR:NC:N1:117
Matthew Bock
Middleton Shrull & Bock
100 Trade Center Suite 660
Woburn, MA 01801
RE: The tariff classification of hexagonal bars from the United Kingdom
Dear Mr. Bock:
This replaces Ruling Number N305602, dated August 27, 2019, which contained an error with regard to the product’s chemical composition. A complete corrected ruling follows.
In your letter dated August 2, 2019, on behalf of Wyandotte Industries, Inc., you requested a tariff classification ruling.
The products to be imported are cold-drawn hexagonal shaped steel bars made to ASTM A29, Grade 1137 chemistry and containing: carbon (0.32% - 0.39 %), manganese (1.35 - 1.65%), phosphorous, max (.040%) and sulfur, max (0.08% - 0.13%). These bars will be imported in lengths of 12 feet and are available in 4 different size designations: 2.750” Hex, 3.125” Hex, 3.500” Hex and 4.000” Hex.
You suggest classification of the subject products in subheading 7215.10.0080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other bars and rods of iron or nonalloy steel: Of free-cutting steel, not further worked than cold-formed or cold-finished: Other. However, based on the chemical ranges and limits of this steel, the proposed classification does not cover all possible steel compositions. Steel containing 1.65 percent or more of manganese as defined in Chapter 72, Note 1(f) is considered to be an alloy for tariff purposes and nonalloy steel containing less than 0.08% of sulfur does not meet the Chapter 72, Subheading Note 1(b)
definition of nonalloy free-cutting steel. Please note that as indicated in the Grade 1137 chemistry superscripts, other elements (in varying amounts) may be added to the steel as required. This letter, however, will only address the classification of hex bars having the standard chemical make-up specified above.
The applicable subheading for the hex bars containing 0.08% or more of sulfur will be 7215.10.0080, HTSUS, which provides for Other bars and rods of iron or nonalloy steel: Of free-cutting steel, not further worked than cold-formed or cold-finished: Other. The rate of duty will be free.
In 2019, the applicable subheading for the hex bars less than 0.08% of sulfur will be 7215.50.0063, HTSUS, which provides for Other bars and rods of iron or nonalloy steel: Other, not further worked than cold-formed or cold-finished: Containing by weight 0.25 percent or more but less than 0.6 percent of carbon: With a diameter of 76 mm or more but not exceeding
228 mm. The rate of duty will be free.
In 2019, the applicable subheading for hex bars containing 1.65% manganese will be 7228.50.5040, 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 nonalloy steel: Other bars and rods, not further worked than cold-formed or cold-finished: Other: Other: With a diameter of 76 mm or more but not exceeding 228 mm. The 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 7215.10.0080, 7215.50.0063 and 7228.50.5040, 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