CLA-2-72:OT:RR:NC:N1:117
Thrideep Sukumara Pillai
Eurostahl Tech
61 Bajaj Bhavan
Mumbai 410203
India
RE: The tariff classification of stainless steel lashing wire from India
Dear Mr. Sukumara Pillai:
In your letter dated October 27, 2022, you requested a tariff classification ruling.
The products under consideration are three types of stainless steel lashing wire that are used for supporting telecommunication cables. Other than slight chemical composition differences, the only difference between the products is the AISI grade. This cold-drawn stainless steel wire is made to ASTM A580, Grades 302, 316 and 430 and is wax coated, which allows for surface smoothness while the lashing wire is used in the lashing machine. The wire will be imported in coil form in 1200' or 1600' lengths with diameters of 0.038” and 0.045”.
You have suggested that a classification in Chapter 73 Harmonized Tariff Schedule of the United States (HTSUS) is required for all three items. We disagree. Heading 7312, HTSUS, provides for stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated. Guidance on the meaning of the terms “stranded wire, ropes, and cable” is derived from the Explanatory Notes (ENs) to Heading 7312, HTSUS. The ENs define “stranded wire (or wire strand)” as “obtained by closely twisting together two or more single wires…” The ENs define “cables and ropes of all sizes” as being “formed by twisting such strands together.” As the items in question are individual wires that are coiled onto spools and are neither wires obtained by closely twisting together two or more single wires, nor are they formed by twisting such strands together, nor are they plaited bands or slings, classification in Heading 7312, HTSUS, would be inappropriate.
Furthermore, subheading 7326.20 provides for Other articles of iron or steel wire. The Explanatory Notes to heading 73.26 state that “This heading covers all iron or steel articles… other than articles included in the preceding headings of this Chapter or covered by Note 1 to Section XV or included in Chapter 82 or 83 or more specifically covered elsewhere in the Nomenclature.” The lashing wire under consideration is not classifiable in heading 7326, HTSUS, because it is more specifically provided for in Chapter 72, HTSUS.
The applicable subheading for the stainless steel lashing wire will be 7223.00.1046, HTSUS, which provides for “Wire of stainless steel: Round wire: Other: With a diameter of 0.76 mm or more but less than 1.52 mm.” The rate of duty will be free.
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 subheading 7223.00.1046, 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 subheadings listed above.
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.
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 Denise Hopkins at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division