CLA-2 CO:R:C:G 083161 JMH
Mr. Francis L. Carey
A. N. Deringer, Inc.
30 West Service Road
Champlain, New York 12919-9703
RE: Steel clad half discs from France
Dear Mr. Carey:
This is in regard to New York Ruling 831047 issued on
October 3, 1988, concerning the classification of steel clad half
discs being imported from France.
As stated in the ruling, the classification of your
merchandise under heading 7219.90.00, of the Harmonized Tariff
Schedule of the United States (HTSUSA), represented our position
at that time. We now conclude that this ruling is in error.
It is the opinion of this office that the correct
classification for your steel clad half discs is under heading
7210.90.10, HTSUSA. Heading 7210.90.10, HTSUSA, describes "Flat
rolled products of iron or nonalloy steel, of a width of 600mm or
more, clad...[o]ther..."
Classification of merchandise according to the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1
states in part that "for legal purposes, classification shall be
determined according to the terms of the headings and any
relative section or chapter notes..." Chapter 72, Note 2,
HTSUSA, provides that when a ferrous metal is clad with another
ferrous metal, classification is based upon the ferrous metal
predominating by weight.
Further support for this change in classification is found
in the Explanatory Notes to the HTSUSA. General Explanatory
Note(III)(C)(2)(e), Harmonized Commodity Description and Coding
System, Vol. 3, p. 982, states:
Iron or steel products, clad with another
ferrous metal, which, according to the
-2-
composition of the original products, or of
the cladding metal, could be classified in
two sub-Chapters (II, III, or IV) have
similarly to be classified according to the
metal predominating by weight..."
Although not dispositive, the Explanatory Notes are to be looked
to for guidance of the proper interpretation of the HTSUSA.
Therefore, the proper classification for steel clad half
discs is under heading 7210.90.10, HTSUSA. The rate of duty is
6.5 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division