CLA-2-72:RR:NC:1:117 I80487

Mr. Peter R.W. Schaaphok
VPS Control Systems, Inc.
10 Monroe Street
Troy, NY 12180

RE: The tariff classification of stainless steel wire from France.

Dear Mr. Schaaphok:

In your letter dated March 6, 2002, you requested a tariff classification ruling.

The product to be imported is Type 304 stainless steel profile wire. Drawings depicting the cross-sectional shapes of two of the profile wires were submitted with your request. The wire is cold-formed and will be imported in coils. Round wire is run through rollers that impart the profile cross-sectional configuration. This profile wire will ultimately be used as blades in a “Flexball” push-pull control cable.

The applicable subheading for the cold-formed stainless steel profile wire will be 7223.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for wire of stainless steel, other. The rate of duty will be 1.3 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheading 7223.00.9000, unless specifically excluded, are subject to additional duties. See subheadings 9903.74.18 through 9903.74.24, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.74.22 which currently carries an additional 8 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You also ask whether your product can be considered for exclusion from the additional tariffs. Attached is some general information on product exclusion requests under Section 203.

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 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division