CLA-2-72:RR:NC:1:117 I89446

Ms. Sonya L. Everding
UPS Freight Services, Inc.
2430 Mall Drive, Suite 195
North Charleston, SC 29406

RE: The tariff classification of clad steel plate from Australia.

Dear Ms. Everding:

In your letter dated December 12, 2002 on behalf of Australian & Overseas Alloys Pty. Ltd., you requested a tariff classification ruling. A representative sample of the product to be imported was submitted with your request.

The product to be imported is described as clad plate consisting of a hot-rolled mild steel backing plate to which a chromium carbide alloy is applied by a continuous weld cast technique. Chemical compositions for both the base plate/backing plate and the overlay were provided. The base plate is BHP Grade ASIH25-1954-HA 1006 nonalloy steel. The overlay material contains from 30.0% to 45.0% chromium, 3.8% to 5.5% carbon, a maximum of 3% of manganese and silicon and the balance iron. The plate measures 1200 mm in width and 12 mm in thickness. It is assumed the nonalloy steel base plate predominates by weight over the overlay.

The applicable subheading for the nonalloy steel clad plate will be 7210.90.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for flat-rolled products of iron or nonalloy steel, of a width of 600 mm or more, clad, plated or coated, other, clad. The rate of duty will be 0.6 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheading 7210.90.1000, unless specifically excluded, are subject to additional duties. See subheadings 9903.72.50 through 9903.72.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.72.60 which currently carries an additional 30 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

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 Paula Ilardi at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division