CLA-2-72:RR:NC:1:117 G86763

Mr. Arthur C. Albers
Paper Converting Machine Company
2300 South Ashland Avenue
P.O. Box 19005
Green Bay, WI 54307-9005

RE: The tariff classification of stainless steel bars and plates from various European countries.

Dear Mr. Albers:

In your letter dated January 17, 2001, you requested a tariff classification ruling.

The products to be imported are Types 304, 304L, 316 and 316L stainless steel hot-rolled flat bars and hot-rolled cut-to-length plates. The hot-rolled rectangular flat bars range in size from 3 mm x 20 mm to 12 mm x 150 mm. The plates measure 1250 mm x 2500 mm and 1500 mm x 3000 mm and range from 6 mm to 45 mm in thickness.

Flat-rolled products are defined in Chapter 72 Note 1.(k) as “Rolled products of solid rectangular (other than square) cross section…in the form of…straight lengths, which if of a thickness less than 4.75 mm are of a width measuring at least 10 times the thickness or if of a thickness of 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness….” Most of the flat bars conform to the definition for bars and will be classified as such. However, some of the flat bars, because of their dimensions, meet the definition for flat-rolled products.

The applicable subheading for the hot-rolled stainless steel flat bars will be 7222.19.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of stainless steel, bars and rods, not further worked than hot-rolled, hot-drawn or extruded, other. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the flat bars meeting the definition for flat-rolled products will be 7220.12.50, HTS, which provides for flat-rolled products of stainless steel, of a width of less than 600 mm, not further worked than hot-rolled, of a thickness of less than 4.75 mm, of a width of less than 300 mm. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the hot-rolled cut-to-length stainless steel plates that measure more than 10 mm in thickness will be 7219.21.00, HTS, which provides for flat-rolled products of stainless steel, of a width of 600 mm or more, not further worked than hot-rolled, not in coils, of a thickness exceeding 10 mm. The rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the hot-rolled cut-to-length stainless steel plates that measure from 6 mm through 10 mm in thickness will be 7219.22.00, HTS, which provides for flat-rolled products of stainless steel, of a width of 600 mm or more, not further worked than hot-rolled, not in coils, of a thickness of 4.75 mm or more but not exceeding 10 mm. The rate of duty will be 2.9 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You have asked whether this product is subject to antidumping or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. 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.

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 Paula Ilardi at 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division