CLA-2 CO:R:C:M 951429 EJD
TARIFF NO: 7214.40.00; 7228.30.80; 7211.22.00; 7226.91.50;
7214.50.00
Mr. Brad Walker
Caterpillar Inc.
100 N.E. Adams Street
Peoria, Illinois 61629
RE: Steel Mill Products; Pre-Entry Classification Ruling
868289, modified
Dear Mr. Walker:
It has come to our attention that Customs Pre-Entry
Classification Ruling (PC) 868289 issued to you on December 9,
1991, concerning the classification of 121 different steel mill
products, may be in error for some items. These steel mill
products, which are used in the manufacture of various types of
agricultural and construction vehicles and machinery, are
imported from Canada and England. This Headquarters Ruling (HQ)
modifies PC 868289.
We have reviewed PC 868289 and have determined that the
following products were incorrectly classified: item #57,
described as steel section, rop (rollover protection) plate;
item #62, described as steel section frame; items #106, #108,
#109 and #111 through #121, described as steel section, cutting
edge; and item #107, described as steel section, end bit.
Item #57 was classified under the provision for angles,
shapes and sections in subheading 7216.50.00 or 7228.70.30,
Harmonized Tariff Schedule of the United States (HTSUS),
depending on alloy content. The correct classification is as
bars under subheading 7214.40.00 or 7228.30.80, HTSUS, depending
on alloy content. The reason for this classification is because
this item has a cross section in the shape of a trapezoid which
is a convex polygon. Chapter 72, Note 1.(m), defines bars as
"[p]roducts...which have a uniform solid cross section along
their whole length in the shape of circles, segments of circles,
ovals, rectangles (including squares), triangles or other convex
polygons...."
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Item #62 was classified under the provision for other
angles, shapes and section of nonalloy steel in subheading
7216.50.00, HTSUS. The correct classification is as flat-rolled
product under subheading 7211.22.00 or 7226.91.50, HTSUS,
depending on the alloy content, because it is a solid rectangular
cross section measuring 330 mm in width and 25 mm in thickness
which is imported in straight lengths and has a thickness of 4.75
mm or more and a width which exceeds 150 mm and measures at least
twice the thickness. Chapter 72, Note 1.(k) defines flat-rolled
products, in pertinent part, as
Rolled products of solid rectangular (other than
square) cross section...
if of a thickness 4.75 mm or more are of a width which
exceeds 150 mm and measures at least twice the
thickness.
Items #106 through #109, and #111 though #121, were
classified under the provisions for angles, shapes and sections
in subheading 7216.50.00 or 7228.70.30, HTSUS, depending on the
alloy content. The correct classification for these items is
under subheading 7214.40.00 and 7214.50.00, HTSUS, if nonalloy
steel, containing by weight less than 0.25 percent of carbon or
containing by weight 0.25 percent or more but less than 0.6
percent of carbon, respectively; or under subheading 7228.30.80,
HTSUS, if alloy steel. These items are all hot-rolled beveled
flats (beveled during the hot-rolling operation) having a uniform
solid cross section along their whole length. These bars are
either double beveled or single beveled flats with cross sections
in the shape of convex polygons as defined in Chapter 72, Note 1.
(m).
This notice to you should be considered a modification of PC
868289, dated December 9, 1991, under 19 CFR 177.9(d). It is not
to be applied retroactively to PC 868289 (19 CFR 177.9(d)(2)) and
will not, therefore, affect past transactions for the importation
of the merchandise under that ruling. However, for the purposes
of future transactions involving merchandise of this type, PC
868289 will not be valid precedent.
We recognize that pending transactions may be adversely
affected by this modification, in that current contracts for
importations arriving at a port subsequent to this decision will
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be classified pursuant to it. If such a situation arises, you
may, at your discretion, notify this office and apply for relief
from the binding effects of this decision as may be warranted by
the circumstances.
Sincerely,
John Durant, Director
Commercial Rulings Division