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

Mr. Phillippe F. Levi
Gerber Steel, Co., Inc.
35 Country Road
Mamaroneck, NY 10543

RE: The tariff classification of plate from Japan.

Dear Mr. Levi:

In your letter dated July 20, 2011 you requested a tariff classification ruling.

The products to be imported are cut to length hot-rolled plates meeting ASTM Specification A 240, the Standard Specification for Chromium and Chromium–Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels and for General Applications. Made to UNS Designation N08020, the exact chemistry of the merchandise is unknown. Depending upon whether it is the iron or nickel which predominates by weight, these plates will be classified in Chapters 72 or 75 respectively. Measuring 3/8” (9.52 mm) to 2” (50.8 mm) in thickness and 60” (1524 mm) to 78.75” (2000.25 mm) in width, the plates are imported with a No. 1 unpolished, or rolled, finish.

The applicable subheading for the plate in which the iron predominates by weight and the thickness is greater than 10 mm will be 7219.21.0005, Harmonized Tariff Schedule of the United States (HTSUS), which provides for flat-rolled products of stainless steel, of a width of 600 mm or more, not further worked than hot-rolled, not in coils, of a thickness exceeding 10 mm, of high-nickel alloy steel. The rate of duty will be free.

The applicable subheading for the plate in which the iron predominates by weight and the thickness is 10 mm or less will be 7219.22.0005, HTSUS, which provides for flat-rolled products of stainless steel, of a width of 600 mm or more, not further worked than hot-rolled, not in coils, of a thickness of 4.75 mm or more but not exceeding 10 mm, of high-nickel alloy steel. The rate of duty will be free.

The applicable subheading for the plate in which the nickel predominates by weight will be 7506.20.3000, HTSUS, which provides for nickel plates, sheets, strip and foil, of nickel alloys, other, not cold-formed. The rate of duty will be will be 2.5 percent.

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/.

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 Mary Ellen Laker at (646) 733-3020.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division