The tariff classification of wire rods/sticks from Switzerland

 N299516 August 24, 2018 CLA-2-75:OT:RR:NC:N1:113 CATEGORY: Classification TARIFF NO.: 7508.90.5000 Ms. Amy M. Miranda W.N. Epstein & Co., Inc. 4477 Woodson Road, Suite 140 St. Louis, MO 63134 RE: The tariff classification of wire rods/sticks from Switzerland Dear Ms. Miranda: In your letter dated July 30, 2018, you requested a tariff classification ruling on behalf your client Midwest Alloys & Technology, Inc.  Samples, photographs, an inspection certificate including the chemical analysis for the rods/sticks and informational literature on usage were submitted for our review. The samples will be returned to you as you requested. You stated in your letter that you are requesting classification for “A prospective importation of alloy steel TIG wire rods from Switzerland.”  The subject articles will measure approximately 1/8 inch in diameter and 3 inches in length.  You indicated that “The rods are for use as welding consumables in TIG welding applications, such as welding reformer tubes.  They are for joining and surfacing work on matching/similar heat resistant cast steel grades.”   Based on the chemical analysis submitted to our office, each subject alloy wire rod/stick contains approximately 45 percent nickel and 35 percent chromium.  Section XV, Note 5(a) of the Harmonized Tariff Schedule of the United States (HTSUS) states that “An alloy of base metal is to be classified as an alloy of the metal which predominates by weight over each of the other metals.”  Based on the information provided, the metal in the rod/stick that predominates by weight is nickel.  Although seemingly round, the rods/sticks have flattened sections which prevent them from having a uniform solid cross along their whole length. Therefore, the rods under consideration are classifiable in heading 7508, HTSUS, which provides for other articles of nickel. The applicable subheading for the wire rods/sticks will be 7508.90.5000, HTSUS, which provides for other articles of nickel: other: other.  The rate of duty will be 3 percent ad valorem. 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 World Wide Web at https://hts.usitc.gov/current. 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 Ann Taub at [email protected]. Sincerely, Steven A. Mack Director National Commodity Specialist Division