HQ 959352

DECEMBER 4, 1996

CLA-2 RR:TC:MM 959352 JAS

CATEGORY: Classification

TARIFF NO.: 7325.99.10

Port Director of Customs

2nd. & Chestnut Sts.

Philadelphia, PA 19106

RE: PRD 1101-96-100241; Grate for Trench Drains, Iron Castings, Articles
of Nonmalleable Cast Iron, Subheading 7325.10.00; Other Cast Iron
Articles, Subheading 7325.99.50; Ductile Cast Iron, Malleable as First
Cast; I.A. 75/82, HQ 070176,

HQ 959521; Laboratory Report; Consolidated Cork v. U.S.,

Customs Directive 099 3820-002

Dear Port Director:

This is our decision on Protest 1001-96-100241, filed

against your classification of certain iron castings, produced in

China, for grates used in trench drains. The entry was

liquidated on February 23, 1996, and this protest timely filed on

March 20, 1996.

FACTS:

The merchandise under protest is listed on the commercial

invoice as ductile iron grates for trench drains. They are

depicted in submitted literature as cast iron grates for use with

a variety of drains to include roof drains, cleanouts, and floor

drains for industrial kitchens, shop areas, etc. They are

finished articles of commerce, requiring no post-importation

processing.

These grates were entered under the duty-free provision for

other nonmalleable cast iron articles, in subheading 7325.10.00,

Harmonized Tariff Schedule of the United States (HTSUS). The

protestant\'s broker maintains that the grates are cast without

any further conditioning and that the characteristic of

malleability is imparted during casting. The commercial invoice

characterized the merchandise as ductile. For this reason, the

local import specialist determined that the grates were malleable

as cast, and liquidated the entry under subheading 7325.99.10,

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HTSUS, as other cast iron articles. Subsequently, in a report,

dated August 13, 1996, the New York Customs laboratory confirmed

that a representative sample was, in fact, of ductile iron.

The provisions under consideration are as follows:

7325 Other cast articles of iron or steel:

7325.10.00 Of nonmalleable cast iron\...Free

Other:

7325.99 Other:

7325.99.10 Of cast iron\...1.9 percent ad valorem

ISSUE:

Whether castings of ductile iron are considered nonmalleable

for tariff purposes.

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

or chapter notes, and provided the headings or notes do not

require otherwise, according to GRIs 2 through 6.

Where terms are not defined in the text of the HTSUS, or

guidance as to their scope found in the Harmonized Commodity

Description and Coding System Explanatory Notes, they are to be

construed in accordance with their common and commercial meanings

which are presumed to be the same. Standard dictionary

definitions for the terms \"ductile\" and \"malleable\" are nearly

identical, suggesting that the terms may be synonymous. In such

cases, it is appropriate to consider the interpretation commonly

placed upon the terms by the industry involved. In the iron and

steel industry, cast iron is not malleable as first cast. It

becomes malleable by annealing or other heat treatment, a process

that alters the graphite matrix of the product. Ductile iron is

another in the family of cast irons and is malleable as cast

because of the addition of cerium or magnesium to the melt. For

this reason, ductile cast iron is not normally annealed or heat

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treated. Examination of a product\'s microstructure will identify

as \"ductile\" cast iron in which the graphite particles appear

nodular or spheroid-shaped, while in \"malleable\" cast iron the

graphite particles are in a smaller, dot-like configuration.

Cast iron characterized as \"malleable\" is not considered

ductile unless it has been annealed or otherwise heat treated.

On the other hand, cast iron characterized as \"ductile\" is, by

definition, considered malleable. The same issues were addressed

and conclusion reached in HQ 959521, dated December 3, 1996.

This represents a continuation of the approach taken by Customs

under the HTSUS predecessor tariff code, the Tariff Schedules of

the United States (TSUS). See Internal Advice 75/82 (HQ 070176,

dated January 18, 1983).

The characterization of the cast iron as \"ductile\" led

Customs to conclude that it was malleable for tariff purposes.

This was confirmed by the referenced New York laboratory report.

It is well settled that methods of weighing, measuring and

testing merchandise used by Customs officers are presumed to be

correct, and may not be disregarded, except in cases where such

methods and results are shown to be erroneous. Consolidated Cork

Corp. v. United States, 54 Cust. Ct. 83, C.D. 2512 (1965), and

Customs Directive 099 3820-002, dated May 4, 1992.

HOLDING:

Under the authority of GRI 1, iron grates of ductile iron

are provided for in heading 7325. They are classifiable in

subheading 7325.99.10, HTSUS.

The protest should be DENIED. In accordance with Section

3A(11)(b) of Customs Directive 099 3550-065, dated August 4,

1993, Subject: Revised Protest Directive, you should mail this

decision, together with the Customs Form 19, to the protestant no

later than 60 days from the date of this letter. Any

reliquidation of the entry or entries in accordance with the

decision must be accomplished prior to mailing the decision.

Sixty days from the date of the decision the Office of

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Regulations and Rulings will take steps to make the decision

available to Customs personnel via the Customs Rulings Module in

ACS and to the public via the Diskette Subscription Service, the

Freedom of Information Act and other public access channels.

Sincerely,

John Durant, Director

Tariff Classification

Appeals Division