Steel clad half discs from France

HQ 083161 September 26, 1989 CLA-2 CO:R:C:G 083161 JMH CATEGORY: Classification TARIFF NO.: 7210.90.10 Mr. Francis L. Carey A. N. Deringer, Inc. 30 West Service Road Champlain, New York 12919-9703 RE: Steel clad half discs from France Dear Mr. Carey: This is in regard to New York Ruling 831047 issued on October 3, 1988, concerning the classification of steel clad half discs being imported from France. As stated in the ruling, the classification of your merchandise under heading 7219.90.00, of the Harmonized Tariff Schedule of the United States (HTSUSA), represented our position at that time. We now conclude that this ruling is in error. It is the opinion of this office that the correct classification for your steel clad half discs is under heading 7210.90.10, HTSUSA. Heading 7210.90.10, HTSUSA, describes "Flat rolled products of iron or nonalloy steel, of a width of 600mm or more, clad...[o]ther..." Classification of merchandise according to the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes..." Chapter 72, Note 2, HTSUSA, provides that when a ferrous metal is clad with another ferrous metal, classification is based upon the ferrous metal predominating by weight. Further support for this change in classification is found in the Explanatory Notes to the HTSUSA. General Explanatory Note(III)(C)(2)(e), Harmonized Commodity Description and Coding System, Vol. 3, p. 982, states: Iron or steel products, clad with another ferrous metal, which, according to the -2- composition of the original products, or of the cladding metal, could be classified in two sub-Chapters (II, III, or IV) have similarly to be classified according to the metal predominating by weight..." Although not dispositive, the Explanatory Notes are to be looked to for guidance of the proper interpretation of the HTSUSA. Therefore, the proper classification for steel clad half discs is under heading 7210.90.10, HTSUSA. The rate of duty is 6.5 percent ad valorem. Sincerely, John Durant, Director Commercial Rulings Division