CLA-2-73:OT:RR:NC:1:117
Mr. Harvey K. Markegard
Blockit & Lockit Systems
2271 Eldorado Drive
Billings, MT 59102
RE: The tariff classification of steel pipe from Thailand.
Dear Mr. Markegard:
In your letter dated October 8, 2008 you requested a tariff classification ruling. A representative sample was submitted with your request.
The products to be imported are black alloy steel pipes meeting ASTM A53 and described as Type E (electric resistance welded), Grades A and B. These Schedule 40 pipes are available in a variety of sizes with outside diameters ranging from 21.3 mm to 457 mm and wall thicknesses from 2.77 mm to 14.27 mm. Imported with either plain or grooved ends, these pipes will be used for the transference of air and fluids.
The applicable subheading for those pipes with an outside diameter greater than 406.4 mm will be 7305.39.5000, 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, other, welded, other, of alloy steel. The rate of duty will be free.
The applicable subheading for those pipes with an outside diameter not greater than 114.3 mm will be 7306.50.5050, 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 other alloy steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm. The rate of duty will be free.
The applicable subheading for those pipes with an outside diameter greater than 114.3 mm but less than or equal to 406.4 mm will be 7306.50.5070, 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 other alloy 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. The rate of duty will be free.
Depending upon outside diameter, you suggested classifying the subject pipes in subheading 7306.19.5110 or 7306.19.5150. Since these subheadings provide for line pipe of a kind used for oil and gas, and these pipes are made to ASTM A53, a standard pipe specification, classification in either of these provisions is precluded.
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/.
You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).
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 Mary Ellen Laker at (646) 733-3020.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division