CLA-2-72:RR:NC:1:117 I85075
Mr. Stephen L. Gibson
Arent Fox Kintner Plotkin & Kahn, PLLC
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
RE: The tariff classification of steel bars from Germany.
Dear Mr.Gibson:
In your letter dated June 14, 2002 on behalf of INA USA Corporation, you requested a tariff classification ruling. Descriptive literature was submitted with your ruling request.
The products to be imported are solid steel bars of circular cross section. You state that the bars may be nonalloy, alloy or stainless steel. Prior to importation, these bars are ground to specific tolerances and are surface hardened through heat treatment. The bars will be imported in material lengths or in cut lengths. The cut-to-length bars may be chamfered on the ends. Although some of the bars may be drilled or drilled and tapped with holes, this ruling will address only those bars that have not been drilled or tapped. These bars will ultimately be used in linear bearing applications. You state that the physical characteristics of the bars reflect that they are designed and intended for use as parts of linear ball bearings and that the chemistry, grinding and heat treating impart essential characteristics that make them uniquely suited for use as parts of linear ball bearings. However, you don’t elaborate on how these characteristics make the bars uniquely suited for use as such parts. Neither specific Grades/Types of steel nor chemical compositions were provided. Cold-finished and heat treated steel bars are used for a multitude of purposes in almost every major industry.
The subject solid steel bars meet the definition for other bars and rods of steel in Chapter 72 Note 1. (m): “Products… which have a uniform solid cross section along their whole length in the shape of circles….” The Explanatory Notes state that steel bars may be subjected to cold-forming, cold-finishing, drawing, grinding, turning, drilling, sizing and surface treatments such as plating, coating and cladding.
The applicable subheading for the nonalloy steel bars of circular cross section will be 7215.50.00, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, other, not further worked than cold-formed or cold-finished. The rate of duty will be 1.5 percent ad valorem.
The applicable subheading for the stainless steel bars of circular cross section will be 7222.20.00, HTS, which provides for other bars and rods of stainless steel, bars and rods, not further worked than cold-formed or cold-finished. The rate of duty will be 2.1 percent ad valorem.
The applicable subheading for the other alloy steel bars of circular cross section will be 7228.50.50, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than cold-formed or cold-finished, other. The rate of duty will be 1.5 percent ad valorem.
On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheadings 7215.50.00 and 7228.50.50, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.55 through 9903.73.62, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.60 which currently carries an additional 30 percent ad valorem tariff. Products classified under HTS subheading 7222.20.00, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.97 through 9903.74.06, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.74.04 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.
The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
If you wish to obtain a ruling on the drilled and tapped bars, please submit representative samples along with detailed information on the processing operations these products have undergone.
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Paula Ilardi at 646-733-3020.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division