CLA-2-72:RR:NC:1:117 K82974
Mr. Michael Skidmore
Michael J. Skidmore, Customs Consultant
103 Greenleaf Street
Quincy, MA 02169
RE: The tariff classification of spirally oscillated stainless steel strip from Germany.
Dear Mr. Skidmore:
In your letter dated January 24, 2004 on behalf of Zapp USA Inc., you requested a tariff classification ruling.
The product to be imported is Type 420 stainless steel cold-rolled, hardened and tempered strip. The strip measures 0.30 mm x 5.560 mm (0.0118” x 0.2189”) and will be imported in oscillated wound coils.
Flat-rolled steel products are defined in HTS Chapter 72 Note 1. (k) as “Rolled products of solid rectangular (other than square) cross section…in the form of…coils of successively superimposed layers….” Since this strip material is imported in oscillated wound coils rather than in coils of successively superimposed layers, it does not meet the definition for flat-rolled products. Steel wire is defined in HTS Chapter 72 Note 1. (o) as “Cold-formed products in coils, of any uniform solid cross section along their whole length, which do not conform to the definition of flat-rolled products.” This product meets the definition for wire.
The applicable subheading for the stainless steel flat wire will be 7223.00.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for wire of stainless steel, flat wire. The rate of duty will be free.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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