CLA-2:CO:R:C:G 083929 JAS
David J. Drage
Remelt Sources, Inc.
24815 Duffield Road
Cleveland, Ohio 44122
RE: Classification of Rolled Bars For Remelting
Dear Mr. Drage:
In your letter of January 29, 1989, you inquire as to the
tariff classification of continuously cast billets and rolled
bars imported from Canada for remelting to recover their
metallic content. You subsequently informed our New York
office by telephone that the request was intended to cover
rolled bars only. Our ruling follows.
FACTS:
Rolled bars in random lengths are to be imported into the
Customs territory where they will be sheared or saw cut,
typically to 15 inch lengths and to weights of between 25 to
40 lbs., shot blasted to remove mill scale, then packed in 55
gallon drums, weighing 1,800 lbs. apiece. The drums will then
be warehoused for eventual shipment to foundries in the U.S.
and abroad for remelting to recover the metallic content.
You state that because of their surface specifications and
physical structure, the bars are not of commercial quality and
are suitable only for recovery of their metallic content.
Your company is interested only in the chemistry of the bars
and that they be small enough to permit hand charging into
furnaces with 30 to 500 lb. capacities.
ISSUE:
Are rolled bars to be used in remanufacture by melting or
for processing to recover the metal content eligible for duty-
free entry?
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LAW AND ANALYSIS:
Subheading 9817.00.9080, Harmonized Tariff Schedule of the
United States Annotated (HTSUSA), provides for the duty-free
entry of articles of metal to be used in remanufacture by
melting or to be processed by shredding, shearing, compacting
or similar processing which renders them fit only for the
recovery of the metal content. Notwithstanding a relatively
more specific tariff provision, articles are classifiable in
the provisions of HTS Chapter 98 if the conditions and
requirements thereof and any applicable regulations are met.
HOLDING:
In the circumstances described, the rolled bars at issue
are eligible for duty-free entry under subheading
9817.00.9080, HTSUSA, upon compliance with the requirements of
Part 54, Customs Regulations (19 CFR 54), a copy of which is
enclosed for your convenience.
Sincerely,
John Durant, Director
Commercial Rulings Division
Enclosure