Stainless Steel and Galvanized Wire and Wire Rope Assembled in Mexico From Wires of U.S. Origin; Heading 7312

HQ 954053 JUNE 30 1993 CLA-2:CO:R:C:M 954053 JAS CATEGORY: Classification TARIFF NO.: 7312.10.10, 7312.10.30, 7312.10.60, 7312.10.90 Mr. Salvador Beattie Daniel B. Hastings, Inc. P.O. Box 673 Laredo, Texas 78042 RE: Stainless Steel and Galvanized Wire and Wire Rope Assembled in Mexico From Wires of U.S. Origin; Heading 7312 Dear Mr. Beattie: In a letter, dated April 28, 1993, on behalf of ACS Industries, you inquire as to the tariff classification, assembly under HTS subheading 9802.00.8060, and antidumping duty applicability of certain stainless steel and galvanized wire and wire rope imported from Mexico. FACTS: Stainless steel and zinc coated (galvanized) carbon steel wire of U.S. origin, ranging from .076mm to .71mm in diameter, on reels, will be sent to Mexico. There, individual wires will be placed in a twisting machine to make stranded wire containing from 7 to 65 strands of individual wire. All the stranded wire will have a twist exceeding one revolution for a length equal to the strand diameter multiplied by 8.5. Excess wires will be trimmed off. Some of the stranded wires will be retwisted into wire rope. ISSUE: Whether stranded wire and wire rope are goods of heading 7312. LAW AND ANALYSIS: Merchandise is classifiable under the Harmonized Tariff Schedule of the United States (HTSUS) in accordance with the General Rules of Interpretation (GRIs). GRI 1 states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section - 2 - or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6. Heading 7312 is a provision for stranded wire, ropes, cables, plaited bands, slings and the like, of iron or steel, not electrically insulated. Both the stainless and galvanized wire strands and rope are regarded as "of iron or steel" for this purpose. The heading covers stranded wire or wire strand obtained by closely twisting together two or more single wires. It also includes cables and ropes which in turn are formed by twisting wire strands together. The stranded wire and wire rope are covered by this description. We have tentatively been advised that only wire rope from Mexico made from galvanized steel wires is within the scope of a Mexican anti-dumping investigation. You may confirm this by writing to the following office: Office of Agreements Compliance International Trade Administration Department of Commerce Washington, D.C. 20230 We are providing that office with a copy of your letter and this decision. HOLDING: Under the authority of GRI 1,the wire strands and wire rope are provided for in heading 7312. The stainless steel stranded wire is classifiable in HTS subheading 7312.10.1070, as other stranded wire of stainless steel, dutiable at rate of 5.8 percent ad valorem. The galvanized carbon steel stranded wire is classifiable in HTS subheading 7312.10.3074, as other stranded wire, dutiable at the rate of 4.9 percent ad valorem. The wire rope of stainless steel is classifiable in HTS subheading 7312.10.6000, as other ropes, cables and cordage other than stranded wire, of stainless steel, dutiable at the rate of 4.4 percent ad valorem. The galvanized carbon steel wire rope with a diameter not exceeding 9.5 mm is classifiable in HTS subheading 7312.10.9030. Galvanized carbon steel wire rope with a diameter exceeding 9.5 mm is classifiable in HTS subheading 7312.10.9060. The rate of duty under both of these provisions is 4 percent ad valorem. Our Special Classification Branch will rule separately on whether the processing operations in Mexico qualify the imported - 3 - merchandise for a partial duty allowance under subheading 9802.00.80. Sincerely, John Durant, Director Commercial Rulings Division