CLA-2-72:OT:RR:NC:N1:117
Peter Quinter
Gray Robinson P.A.
401 East Las Olas Blvd., Suite 1000
Fort Lauderdale, Florida 33301
RE: The tariff classification of coated welding wire from Italy
Dear Mr. Quinter:
In your letter dated February 23, 2021, on behalf of Techniweld USA, you requested a tariff classification ruling.
The merchandise in question is alloy steel Metal Inert Gas (MIG) welding wire suitable for electric arc welding. Meeting the American Welding Society specification ER70S-6, this wire is imported in coil form with diameters of .035" (.889 mm), .045" (1.14 mm), .052” (1.32 mm) or .062" (1.57 mm). In a conversation with this office, you stated that this wire is available with either a proprietary bronze colored alloyed coating in which copper predominates by weight or with a proprietary gold colored alloyed coating which is predominately tin.
You suggest classification of the subject merchandise in subheading 7229.20.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Wire of other alloy steel: Of silico-manganese steel: Round, with a diameter of less than or equal to 1.6 mm, containing by weight less than 0.20 percent of carbon, more than 0.9 percent of manganese, and more than 0.6 percent of silicon, and suitable for electric arc welding: Other. However, we find that your proposed classification does not accurately describe all of the merchandise under consideration.
Firstly, as per Chapter 72, Note 1(e) silico-manganese steel contains “not more than 0.7 percent of carbon, 0.5 percent or more but not more than 1.9 percent of manganese, and 0.6 percent or more but not more than 2.3 percent of silicon, but no other element in a proportion that would give the steel the characteristics of another alloy steel”. However, noting the steel’s chemical composition, specifically the reported amounts of copper (.50 % max.) and molybdenum (.15% max), the subject wire may not always meet this definition. When the amounts of copper and molybdenum meet or exceed the percentages listed for those elements in Chapter 72, Note 1(f), the steel will meet the chemical requirements of an other alloy steel. A similar situation was outlined in HQ 954699 dated December 27, 1993.
Secondly, because it is the copper which predominates by weight in your proprietary bronze colored alloy coating, it is considered to be a copper coating for tariff purposes.
The applicable subheading for the bronze colored welding wire containing less than 0.4% copper and less than 0.08% molybdenum will be 7229.20.0010, HTSUS, which provides for Wire of other alloy steel: Of silico-manganese steel: Round, with a diameter of less than or equal to 1.6 mm, containing by weight less than 0.20 percent of carbon, more than 0.9 percent of manganese, and more than 0.6 percent of silicon, and suitable for electric arc welding: Plated or coated with copper. The rate of duty will be free.
The applicable subheading for the gold colored welding wire containing less than 0.4 % copper and less than 0.08 % molybdenum will be 7229.20.0015, HTSUS, which provides for Wire of other alloy steel: Of silico-manganese steel: Round, with a diameter of less than or equal to 1.6 mm, containing by weight less than 0.20 percent of carbon, more than 0.9 percent of manganese, and more than 0.6 percent of silicon, and suitable for electric arc welding: Other. The rate of duty will be free.
The applicable subheading for the bronze colored welding wire containing more than 0.08% molybdenum (with or without copper) will be 7229.90.5006, HTSUS, which provides for Wire of other alloy steel: Other: Other: Round wire: With a diameter of less than or equal to 1.6 mm, containing by weight less than 0.20 percent of carbon and more than 0.3 percent of nickel or more than 0.08 percent of molybdenum, and suitable for electric arc welding: Plated or coated with copper. The rate of duty will be free.
The applicable subheading for the gold colored welding wire containing more than 0.08% molybdenum (with or without copper) will be 7229.90.5008, HTSUS, which provides for Wire of other alloy steel: Other: Other: Round wire: With a diameter of less than or equal to 1.6 mm, containing by weight less than 0.20 percent of carbon and more than 0.3 percent of nickel or more than 0.08 percent of molybdenum, and suitable for electric arc welding: Other. The rate of duty will be free.
The applicable subheading for the welding wire containing 0.4% or more of copper and 0.08% or less of molybdenum and having a diameter of less than 1 mm will be 7229.90.5016, HTSUS, which provides for Wire of other alloy steel: Other: Other: Round wire: Other: With a diameter of less than 1 mm. The rate of duty will be free.
The applicable subheading for the welding wire containing 0.4 % or more of copper and 0.08% or less of molybdenum and having a diameter of 1.0 mm or more but less than 1.5 mm will be 7229.90.5031, HTSUS, which provides for Wire of other alloy steel: Other: Other: Round wire: Other: With a diameter of 1.0 mm or more but less than 1.5 mm. The rate of duty will be free
The applicable subheading for the welding wire containing 0.4 % or more of copper and 0.08% or less of molybdenum and having a diameter of 1.5 mm or more will be 7229.90.5051, HTSUS, which provides for Wire of other alloy steel: Other: Other: Round wire: Other: With a diameter of 1.5 mm or more. 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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under subheadings 7229.20.0010, 7229.20.0015, 7229.90.5006, 7229.90.5008, 7229.90.5016, 7229.90.5031 and 7229.90.5051, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheadings listed above. The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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 April Cutuli at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division