CLA-2 RR:TC:MM 959521 JAS
Mr. Deven Sharma
DMD Importers, Inc.
P.O. Box 321
Marlboro, NJ 07746
RE: NY A84658 Revoked; Cast Iron Grates for Drains; Castings of Iron or Steel; Articles of Nonmalleable Cast Iron, Subheading 7325.10.00; Other Cast Iron Articles; Ductile Iron; I.A. 75/82, HQ 070176
Dear Mr. Sharma:
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C.
1625(c)(1)), as amended by section 623 of Title VI (Customs
Modernization) of the North American Free Trade Agreement
Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993),
notice of the proposed revocation of NY A84658, dated June 10,
1996, was published on October 23, 1996, in the Customs Bulletin,
Volume 30, Number 43.
FACTS:
Grates the subject of NY A84658 are 6-inch, 8-inch, 12-inch
and 18-inch cast articles of alloyed ductile iron. They are
either circular or rectangular in configuration and designed to
fit over a PVC body in a drainage system of the type used on golf
courses, in athletic complexes, industrial and commercial
buildings, and for turf maintenance.
The provisions under consideration are as follows:
7325 Other cast articles of iron or steel:
7325.10.00 Of nonmalleable cast iron...Free
Other:
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7325.99 Other:
7325.99.10 Of cast iron...1.9 percent ad valorem
ISSUE:
Whether castings of ductile iron are considered nonmalleable
for tariff purposes.
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
or chapter notes, and provided the headings or notes do not
require otherwise, according to GRIs 2 through 6.
Where terms are not defined in the text of the HTSUS, or
guidance as to their scope found in the Harmonized Commodity
Description and Coding System Explanatory Notes, they are to be
construed in accordance with their common and commercial meanings
which are presumed to be the same. Standard dictionary
definitions for the terms "ductile" and "malleable" are nearly
identical, suggesting that the terms may be synonymous. In such
cases, it is appropriate to consider the interpretation commonly
placed upon the terms by the industry involved. In the iron and
steel industry, cast iron is not malleable as first cast. It
becomes malleable by annealing or other heat treatment, a process
that alters the graphite matrix of the product. Ductile iron is
another in the family of cast irons and is malleable as cast
because of the addition of cerium or magnesium to the melt. For
this reason, ductile cast iron is not normally annealed or heat
treated. Examination of a product's microstructure will identify
as "ductile" cast iron in which the graphite particles appear
nodular or spheroid-shaped, while in "malleable" cast iron the
graphite particles are in a smaller, dot-like configuration.
Cast iron characterized as "malleable" is not considered
ductile unless it has been annealed or otherwise heat treated.
On the other hand, cast iron characterized as "ductile" is, by
definition, considered malleable. Substantially similar issues
were addressed under a previous tariff nomenclature in Internal
Advice 75/82 (HQ 070176, dated January 18, 1983).
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No sample or laboratory report was submitted in connection
with the ruling request that became NY A84658. However, your
characterization of the cast iron as "ductile" should have led
Customs to conclude that it was malleable for tariff purposes.
HOLDING:
Under the authority of GRI 1, iron grates of ductile cast
iron are provided for in heading 7325. They are classifiable in
subheading 7325.99.10, HTSUS.
NY A84658, dated June 10, 1996, is hereby revoked. In
accordance with 19 U.S.C. 1625(c)(1), this ruling will become
effective 60 days after its publication in the Customs Bulletin.
Publication of rulings or decisions pursuant to 19 U.S.C.
1625(c)(1) does not constitute a change of practice or position
in accordance with section 177.10(c)(1), Customs Regulations (19
CFR 177.10(c)(1)).
Sincerely,
John Durant, Director
Tariff Classification
Appeals Division