The tariff classification of stainless steel plate from South Africa

N332636 May 10, 2023 CLA-2-72:OT:RR:NC:N1:117 CATEGORY:  Classification TARIFF NO.: 7219.23.0030; 9903.80.01 Serge Raymond Superior Alloy Technology 60 Ch Du Tremblay Boucherville, QC J4B 6Z5 Canada RE:      The tariff classification of stainless steel plate from South Africa Dear Mr. Raymond: In your letter dated May 2, 2023, you requested a tariff classification ruling. The product under consideration is Grade 309S stainless steel plate, which is hot-rolled, annealed, and pickled. The plate is made to ASTM A240/A240M-20a and measures 0.187 inch (4.7498 mm) in thickness x 60 inches (1524 mm) in width x 120 inches (3048 mm) in length. In your letter, you suggest that the stainless steel plate is classified under subheading 7219.22.00, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Flat-rolled products of stainless steel, of a width of 600 mm or more: Not further worked than hot-rolled, not in coils: Of a thickness of 4.75 mm or more but not exceeding 10 mm…”. We disagree with this classification. The thickness of the plate measures 0.187 inch and is therefore, less than 4.75 mm. See Headquarters ruling HQ 083620 dated March 28, 1989. The applicable subheading for the stainless steel plate, as described above, will be 7219.23.0030, HTSUS, which provides for “Flat-rolled products of stainless steel, of a width of 600 mm or more: Not further worked than hot-rolled, not in coils: Of a thickness of 3 mm or more but less than 4.75 mm: Of a width of 1370 mm or more.” The rate of duty will be free. On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under subheading 7219.23.0030, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheadings listed above. 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 the 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 Denise Hopkins at denise.hopkins@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division