CLA-2-72:OT:RR:NC:N5:117
Chaitanya Chandan
Top Steel LLC
5900 Balcones Drive, Suite 100
Austin, Texas 78731
RE: The tariff classification of stainless steel flat bars from India
Dear Mr. Chandan:
In your letter dated June 4, 2024, you requested a tariff classification ruling.
The products under consideration are Type 304L stainless steel flat bars containing between 8% - 11% nickel. These hot-rolled, annealed, pickled bars will be imported in thicknesses ranging from 5 mm - 30 mm, widths of 20 mm - 150 mm, and lengths of 12 feet - 22 feet. You state that the flat bars are used in various applications (i.e., automotive, appliances, industrial products, structural, etc.).
Flat-rolled products are defined in Chapter 72, Note 1(k) of the Harmonized Tariff Schedule of the United States (HTSUS) as Rolled products of solid rectangular (other than square) cross sectionin the form ofstraight lengths, if of a thickness of 4.75 mm or more are of a width which exceeds 150 mm and measures at least twice the thickness. The bars in question do not meet the dimensional requirements of a flat-rolled product. In addition, the subject merchandise, although it is hot-rolled, is cut-to-length in its imported condition, and therefore, does not meet the Chapter 72, Note 1(l) definition of bars and rods which provides for hot-rolled products in irregularly wound coils. As such, this office finds that the flat bars will be classified as other bars and rods.
The applicable subheading for the stainless steel flat bars will be 7222.19.0054, HTSUS, which provides for Other bars and rods of stainless steel: angles, shapes and sections of stainless steel: Bars and rods, not further worked than hot-rolled, hot-drawn or extruded: Other: Other: Other: Containing 8 percent or more but less than 24 percent by weight of nickel. The rate of duty will be free.
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 subheading 7222.19.0054, 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.
Please be advised that stainless steel flat bars may be subject to antidumping duties and/or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce (ITA) and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). General information regarding the ITA and AD/CVD can be found at https://www.trade.gov/us-antidumping-and-countervailing-duties. The ITA's Guide on How to File for an Antidumping/Countervailing Duty Scope Ruling Request is available at https://enforcement.trade.gov/scope/Request-Scope-Ruling.pdf.
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 at https://hts.usitc.gov/current.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
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 Denise Hopkins at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division