CLA-2-72:RR:NC:1:117 K89411

Mr. John Monsalve
Preferred Services Inc.
3826 Park Avenue
Edison, NJ 08820

RE: The tariff classification of continuous cast iron bars from the United Kingdom.

Dear Mr. Monsalve:

In your letter dated September 7, 2004 on behalf of United Cast Bar Inc., you requested a tariff classification ruling. A representative sample of the product to be imported was submitted with your request.

The product under consideration, continuous cast gray and ductile/nodular iron bar known as “Unibar” has been cast using the process of horizontal continuous casting. Chemical composition and qualities will vary depending on the type of iron bar. An applicable specification for “Unibar” Ni-Resist bar, for example, is ASTM A436, which is the Standard Specification for Austenitic Gray Iron Casings. Typical ranges for chemical composition of the Ni-Resist bar would be:

Carbon = 3.00 Max Silicon = 1.00-2.80 Manganese = 0.50-1.50 Sulfur = .12 Max. Nickel = 13.50-17.50 Copper = 5.50-7.50 Chromium = 1.00-2.50 (Iron = Balance)

The continuous cast iron bars may be imported in the ”as-cast” condition or they may be cold finished (rounds). The submitted sample, which measures 1.25 “ in diameter, has been cold worked by peeling.

The applicable subheading for the continuous cast gray and nodular/ductile iron bars in the “as-cast” condition will be 7207.20.0075, Harmonized Tariff Schedule of the United States (HTS), which provides for semifinished products of iron or nonalloy steel, containing by weight 0.25 percent or more of carbon, of circular cross section. The rate of duty will be free. HQ ruling 086997 dated November 26, 1990 is noted.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

With regard to the cold finished continuous cast gray and nodular/ductile iron bars, the port of Norfolk has advised this office that there are entries pending on these products. This office is therefore precluded from ruling on an issue that is the subject of a current Customs transaction. If you want to have your arguments considered and ruled upon for this current transaction, you should ask the Port Director having jurisdiction over the entry of your merchandise to seek advise from Customs Headquarters through the Internal Advice procedure. A copy of this notice should be included.

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