CLA-2-72:S:N:N1:117 812925
Ms. Mary Ellen Phillips
Criterion Metals, Inc.
279 Jenckes Hill Road
Smithfield, RI 02917
RE: The tariff classification of peeled and ground steel wire
rod from Germany.
Dear Ms. Phillips:
In your letter dated July 25, 1995, you requested a tariff
classification ruling. A representative sample of the product
was submitted with your request.
The product to be imported is described as a hot-rolled,
peeled and ground wire rod supplied in irregularly wound coils.
The rod is produced from Dilaton 42 (nickel iron 42) which
conforms to the definition of alloy steel in Chapter 72
Note 1.(f), Harmonized Tariff Schedule of the United States
(HTS). The diameter of the rod measures 12.7 mm (0.5").
It was suggested that this product is classifiable under HTS
subheading 7227.90.6050, which provides for other alloy steel
bars and rods, hot rolled, in irregularly wound coils. This
product cannot be classified under this subheading because bars
and rods, hot-rolled, in irregularly wound coils are legally
defined in Chapter 72 Note 1.(l) as hot-rolled products. The rod
you plan to import has been subjected to cold working operations,
peeling and grinding, after the hot-rolling operation. The rod
does meet the legal definition for other bars and rods in Chapter
72 Note 1.(m).
The applicable subheading for the peeled and ground alloy
steel rod will be 7228.50.5005, 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, of
high-nickel alloy steel. The rate of duty will be 6.8 percent ad
valorem.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport