CLA-2:CO:R:C:M 950353 JAS
Alex Romero, Jr.
A. F. Romero & Co., Inc.
477 Railroad Blvd., P.O. Box 989
Calexico, California 92231-0989
RE: Double Walled Pipes; Ruling 087434 Modified
Dear Mr. Romero:
Your letter of June 19, 1990, on behalf of American Metal
Products, Inc., Los Angeles, concerned the tariff status of
double walled pipes used in gas vent systems. We replied to you
by letter dated October 18, 1990 (087434).
FACTS:
The pipe in issue consisted of an inner pipe of aluminum
within an outer pipe of galvanized steel. The pipes were
connected by snap-locking the ends. Each pipe was said to have a
rolled seam (known in the trade as an open seam) where the edges
overlap and are rolled together under pressure.
ISSUE:
Whether the pipes are regarded for tariff purposes as tubes,
pipes and hollow profiles; whether they are welded for tariff
purposes.
LAW AND ANALYSIS:
Ruling 087434 cited relevant Harmonized Commodity
Description and Coding System Explanatory Notes (ENs) in
concluding that the double walled pipes were not considered to be
tubes and pipes for tariff purposes but rather hollow profiles.
The ruling held that the pipes were classifiable in subheadings
7306.30.1000 or 7306.30.50, HTSUSA, depending on wall thickness.
Both provisions cover welded tubes, pipes and hollow profiles of
circular cross section.
Heading 7306 covers tubes, pipes and hollow profiles that
are produced by joining unclosed, tubular shapes from flat rolled
products by open seaming, welding, riveting, or similar
processes. The double walled pipes in ruling 087434 were said to
have open seams produced by overlapping and rolling the edges.
The reference in the ruling to spot welding was to part of the
method of joining the pipes together.
HOLDING:
The double walled pipes the subject of ruling 087434 are not
welded for subheading 7306.30 purposes. The pipe sections are
classifiable in subheading 7306.90.1000, HTSUSA, other tubes,
pipes and hollow profiles. The rate of duty is 1.9 percent ad
valorem.
EFFECT ON OTHER RULINGS:
Ruling 087434, dated October 18, 1990, is hereby modified
under the authority of section 177.9(d), Customs Regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division