CLA-2-73:OT:RR:NC:1:117
Mr. Darren A. Hill
Brookfield Stainless
12 Allen Road
Brookfield, CT 06804
RE: The tariff classification of stainless steel pipes from China and South Korea
Dear Mr. Hill:
In your letter dated August 14, 2013 you requested a tariff classification ruling.
The items under consideration are stainless steel seamless tubes and pipes from China and South Korea. The tubes will be used in a wide range of applications, including some that are suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters. They will be manufactured in accordance with various specifications including ASTM A213 and ASME SA213, as well as ASTM A268, A269, A270, A312, and A789 specifications. Pipes manufactured in conformity with specification EN10216-5 are also included in the materials in your inquiry. It is stated in your description that the tubes and pipes use cold drawn or cold rolled production methods. You have requested that this ruling should include outside diameters of less than and greater than 19mm.
You have described the material as stainless steel and have provided several grades for each specification. The chemistry for the grades in the specifications provided conform to the definition of stainless steel in Chapter 72, Harmonized Tariff Schedule of the United States, (HTSUS), Note 1(e), as alloy steels containing by weight 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. Classification is dependent on your exact chemistry at time of import. If your mill certificate at time of entry shows the pipes to be within the HTSUS, Chapter 72, Note 1(e) definition of stainless steel the pipes will be classifiable in Heading 7304, HTSUS.
The applicable subheading for the stainless steel tubes manufactured to ASTM A213 and ASME SA213 with an external diameter of less than 19mm will be 7304.41.3015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tube, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, cold-drawn or cold-rolled (cold-reduced), of an external diameter of less than 19 mm, other: suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters. The duty rate is free.
The applicable subheading for the stainless steel tubes manufactured to the other specifications and grades described with an external diameter of less than 19mm will be 7304.41.3045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tube, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, cold-drawn or cold-rolled (cold-reduced), of an external diameter of less than 19 mm, other, other. The duty rate is free.
The applicable subheading for the stainless steel tubes manufactured to ASTM A213 and ASME SA213 with an external diameter of greater than 19mm will be 7304.41.6015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, cold-drawn or cold-rolled (cold-reduced), other, other: suitable for use in boilers, superheaters, heat exchangers, condensers, refining furnaces and feedwater heaters. The duty rate is free.
The applicable subheading for the stainless steel tubes manufactured to the other specifications and grades described with an external diameter of greater than 19mm will be 7304.41.6045, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, cold-drawn or cold-rolled (cold-reduced), other, other, other. The duty rate is 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/.
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,
Myles B. Harmon
Acting Director
National Commodity Specialist Division