CLA-2-72:RR:NC:1:117 G83316
Mr. Ben Bauman
Thyssen Specialty Steels, Inc.
365 Village Drive
Carol Stream, IL 60188
RE: The tariff classification of forged steel rounds from Russia.
Dear Mr. Bauman:
In your letter dated October 2, 2000, you requested a tariff classification ruling. Representative copies of mill certificates, purchase orders, order acknowledgments and invoices were submitted with your request.
The products to be imported are forged rounds of nonalloy and alloy steel. Typical grades include 1018 and 1045 nonalloy steel and 4140, 4142 and 8620 alloy steel. The following descriptions of these products appeared on the purchase orders, order acknowledgements and invoices: “Forged rounds acc. To ASTM A 576, turned, normalized”; “1018 forged rough turned bar-ASTM A 576”; “4140/42 forged rough turned bar-heat treated-latest rev. ASTM A 322”; “4140/42 forged rough turned-heat treated-straightened-rough turned full length of bar”; “Forged rounds in grades 4140/4142, quenched and tempered acc. To ASTM A 434, straightened, turned”; “Forged rounds in grades 8620/8620H, turned acc. To ASTM A 322 and ASTM A 304”. The rounds will be imported in various sizes. Typical sizes include rounds measuring 12, 13, 14, 15 and 16 inches in diameter.
You express the opinion that these rounds should be classified as semifinished products under headings 7207 for the nonalloy steel and 7224 for the alloy steel. You state that the rounds are not produced in final size or to final tolerances and that they will be subsequently further worked by the end-user customer. Based on the information provided in the submitted documents, these products do not appear to be semifinished products as described in Chapter 72 Note 1. (ij). They meet the definition for other bars and rods in Chapter 72 Note 1. (m). These rounds are made to industry specifications for bar products. ASTM Specification A 576 is the Standard Specification for Steel, Bars, Carbon, Hot-Wrought, Special Quality. ASTM Specification A 322 is the Standard Specification for Steel Bars, Alloy, Standard Grades. ASTM Specification A 434 is the Standard Specification for Steel Bars, Alloy, Hot-Wrought or Cold-Finished, Quenched and Tempered. ASTM Specification A 304 is the Standard Specification for Steel Bars, Alloy, Subject to End-Quench Hardenability Requirements. Whether bars have been merely descaled or whether they have been cold-worked by cold-forming or cold-finishing has been addressed in several Headquarters rulings. Descaled bars are those that have been either pickled or shot blasted to remove the mill scale. With regard to bars that have been turned or peeled, please refer to HQ ruling 955737 dated July 19, 1995. It is our position that such bars have been subjected to cold-forming/cold-finishing operations.
The applicable subheading for the nonalloy steel rounds that have been descaled but not cold-worked will be 7214.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other bars and rods of iron or nonalloy steel, not further worked than forged, hot-rolled, hot-drawn or hot-extruded, but including those twisted after rolling, forged. The rate of duty will be 1.9 percent ad valorem.
The applicable subheading for the Grade 1018 nonalloy steel rounds that have been turned or peeled or otherwise cold-worked will be 7215.50.0015, HTS, which provides for other bars and rods of iron or nonalloy steel, other, not further worked than cold-formed or cold-finished, containing by weight less than 0.25 percent of carbon. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the Grade 1045 nonalloy steel rounds that have been turned or peeled or otherwise cold-worked will be 7215.50.0060, HTS, which provides for other bars and rods of iron or nonalloy steel, other, not further worked than cold-formed or cold-finished, containing by weight 0.25 percent or more but less than 0.6 percent of carbon. The rate of duty will be 3 percent ad valorem.
The applicable subheading for the alloy steel rounds that have been descaled but not
cold-worked will be 7228.40.00, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than forged. The rate of duty will be 2.4 percent ad valorem.
The applicable subheading for the alloy steel rounds that have been turned or peeled or otherwise cold-worked will be 7228.50.5050, HTS, which provides for other bars and rods of other alloy steel, other bars and rods, not further worked than cold-formed or cold-finished, other, other. The rate of duty will be 3 percent ad valorem.
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 Paula Ilardi at 212-637-7016.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division