CLA-2-72:OT:RR:NC:N1:117
Mr. Lebert D. Shultz
Husch Blackwell Sanders LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
RE: The tariff classification of steel coils from India or China.
Dear Mr. Shultz:
In your letter dated June 23, 2008 on behalf of PSL North America LLC, you requested a tariff classification ruling.
The items to be imported consist of hot rolled, non-alloy steel sheets imported in coils. The coils will measure between 1500 and 1650 mm in width. Imported in thicknesses of 9.1 mm, 10.9 mm, 12.7 mm and 13.1 mm, these steel sheets will not be pickled, clad, plated or otherwise coated. The minimum yield point of the sheets is stated to be between 500 and 620 MPa.
The applicable subheading for the steel sheet measuring over 10 mm in thickness will be 7208.36.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flat rolled products of iron or nonalloy steel, of a width of 600 mm or more, hot rolled, not clad, plated or coated, other, in coils, not further worked than hot-rolled, of a thickness exceeding 10 mm, high strength steel. The rate of duty will be free.
The applicable subheading for the steel sheet measuring 9.1 mm in thickness will be 7208.37.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flat rolled products of iron or nonalloy steel, of a width of 600 mm or more, hot rolled, not clad, plated or coated, other, in coils, not further worked than hot-rolled, of a thickness of 4.75 mm or more but not exceeding 10 mm, high strength steel. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
You have stated that this product is subject to antidumping duties under antidumping case A570-865 and A533-820. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”).
You have also requested that we confirm that the process you will establish involving confirmatory testing and documentation would satisfy the importer’s reasonable care requirement. The determination that reasonable care is being exercised by an importer is made on a case by case basis by the Port Director at the port where the merchandise is being entered.
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 Gloria Stingone at 646-733-3020.
Sincerely,
Robert B. Swierupski
Director,
National Commodity Division