CLA-2-73:RR:E:NC:1:117
Lois M. Johnson
IBCC Industries, Inc.
3200 S. 3rd Street
Milwaukee, WI 53207
RE: The tariff classification of steel dredge pipes from China.
Dear Ms. Johnson:
In your letter dated December 21, 2006 you requested a tariff classification ruling.
The products to be imported are Grade 1035 carbon steel dredge pipes which have been longitudinally submerged arc welded. Made to American Petroleum Institute (API) Spec 5L, Grade X65, these line pipes have an external diameter of 30.75 inches. They will be used for dredging operations in harbors and ocean floors.
The applicable subheading for the dredge pipes will be 7305.11.1060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, line pipe of a kind used for oil or gas pipelines, longitudinally submerged arc welded, of iron or nonalloy steel, with an external diameter exceeding 609.6 mm. The rate of duty will be free.
You suggest classifying the subject pipes in subheading 7306.40.5090 as 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 stainless steel, having a wall thickness of 1.65 mm or more, with an outside diameter exceeding 114.3 mm but not exceeding 406.4 mm (16”). Firstly, these pipes are not comprised of stainless steel, but rather a medium grade carbon steel. Secondly, the outside diameter (30.75”) clearly exceeds the limitations of this subheading. These facts aside, it is the opinion of this office that heading 7305 is a more specific provision and that classification of the subject dredge pipes should be in subheading 7305.11.1060.
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/.
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