HQ 954053
JUNE 30 1993
CLA-2:CO:R:C:M 954053 JAS
Mr. Salvador Beattie
Daniel B. Hastings, Inc.
P.O. Box 673
Laredo, Texas 78042
RE: Stainless Steel and Galvanized Wire and Wire Rope Assembled
in Mexico From Wires of U.S. Origin; Heading 7312
Dear Mr. Beattie:
In a letter, dated April 28, 1993, on behalf of ACS
Industries, you inquire as to the tariff classification, assembly
under HTS subheading 9802.00.8060, and antidumping duty
applicability of certain stainless steel and galvanized wire and
wire rope imported from Mexico.
FACTS:
Stainless steel and zinc coated (galvanized) carbon steel
wire of U.S. origin, ranging from .076mm to .71mm in diameter, on
reels, will be sent to Mexico. There, individual wires will be
placed in a twisting machine to make stranded wire containing
from 7 to 65 strands of individual wire. All the stranded wire
will have a twist exceeding one revolution for a length equal to
the strand diameter multiplied by 8.5. Excess wires will be
trimmed off. Some of the stranded wires will be retwisted into
wire rope.
ISSUE:
Whether stranded wire and wire rope are goods of heading
7312.
LAW AND ANALYSIS:
Merchandise is classifiable under the Harmonized Tariff
Schedule of the United States (HTSUS) in accordance with the
General Rules of Interpretation (GRIs). GRI 1 states in part
that for legal purposes, classification shall be determined
according to the terms of the headings and any relative section - 2 -
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Heading 7312 is a provision for stranded wire, ropes,
cables, plaited bands, slings and the like, of iron or steel, not
electrically insulated. Both the stainless and galvanized wire
strands and rope are regarded as "of iron or steel" for this
purpose. The heading covers stranded wire or wire strand
obtained by closely twisting together two or more single wires.
It also includes cables and ropes which in turn are formed by
twisting wire strands together. The stranded wire and wire rope
are covered by this description.
We have tentatively been advised that only wire rope from
Mexico made from galvanized steel wires is within the scope of a
Mexican anti-dumping investigation. You may confirm this by
writing to the following office:
Office of Agreements Compliance
International Trade Administration
Department of Commerce
Washington, D.C. 20230
We are providing that office with a copy of your letter and this
decision.
HOLDING:
Under the authority of GRI 1,the wire strands and wire rope
are provided for in heading 7312. The stainless steel stranded
wire is classifiable in HTS subheading 7312.10.1070, as other
stranded wire of stainless steel, dutiable at rate of 5.8 percent
ad valorem. The galvanized carbon steel stranded wire is
classifiable in HTS subheading 7312.10.3074, as other stranded
wire, dutiable at the rate of 4.9 percent ad valorem.
The wire rope of stainless steel is classifiable in HTS
subheading 7312.10.6000, as other ropes, cables and cordage other
than stranded wire, of stainless steel, dutiable at the rate of
4.4 percent ad valorem. The galvanized carbon steel wire rope
with a diameter not exceeding 9.5 mm is classifiable in HTS
subheading 7312.10.9030. Galvanized carbon steel wire rope with
a diameter exceeding 9.5 mm is classifiable in HTS subheading
7312.10.9060. The rate of duty under both of these provisions is
4 percent ad valorem.
Our Special Classification Branch will rule separately on
whether the processing operations in Mexico qualify the imported - 3 -
merchandise for a partial duty allowance under subheading
9802.00.80.
Sincerely,
John Durant, Director
Commercial Rulings Division