CLA-2-73:RR:E:NC:N1:117
Mr. Nicholas M. Didovic
Cal Pipe Manufacturing
9650 Washburn Road
Downey, CA 90241
RE: The tariff classification of steel conduit shell and finished conduit pipe from China.
Dear Mr. Didovic:
In your letter dated December 5, 2006 you requested a tariff classification and marking ruling.
The items to be imported consist of galvanized electrical conduit in its raw form also known as conduit shell and in its finished form, as well, known as electrical conduit. Both forms will be imported in galvanized steel pipe sizes ranging from ½ inch to 6 inches (12.7 to 152.4 mm) in outside diameter and are produced by the electric resistance welding process. The wall thickness for each size pipe is greater than 1.65 mm. Some of the ½ inch shell and conduit pipe may be cold drawn after welding. The finished conduit will be imported threaded on one end with a coupling attached to the other end.
The applicable subheading for the finished ½ inch conduit shell or finished conduit pipe that has been cold drawn will be 7306.30.5015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, cold drawn. The rate of duty will be free.
The applicable subheading for the finished conduit pipe measuring 114.3 mm or less in diameter and imported with a coupling will be 7306.30.5025, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, galvanized, imported with coupling. The rate of duty will be free.
The applicable subheading for the conduit shell measuring 114.3 mm or less in diameter will be 7306.30.5032, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, galvanized, other. The rate of duty will be free.
The applicable subheading for the conduit shell and finished conduit measuring more than 114.3 mm in diameter will be 7306.30.5085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, other, welded, of circular cross section, of iron or nonalloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter exceeding
114.3 mm but not exceeding 406.4 mm, galvanized. The rate of duty will be free.
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 http://www.usitc.gov/tata/hts/.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. 19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.
19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles. T.D. 86-15 states that small diameter pipes are those having an I.D. of 1.9 inches or less.
Accordingly, both the conduit shell and the conduit pipe imported with its coupling must be marked by using one of the statutory methods mentioned above.
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 Gloria Stingone at 646-733-3020.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division