CLA-2-73:OT:RR:NC:N1:117
Mr. Harold Densmore
RAM-CO Pipe, Inc.
P.O. Box 237
Bay Minette, AL 36507
RE: The tariff classification and country of origin marking of steel pipe from China
Dear Mr. Densmore:
In your letter dated June 22, 2015 you requested a tariff classification ruling.
The product under consideration is nonalloy steel pipe. You indicate that this cold-rolled, welded pipe does not meet any particular ASTM or API pipe specification. The pipe is available in various lengths with outside diameters ranging from 8 inches (203.2 mm) to 26 inches
(660.4 mm) and wall thicknesses ranging from 0.236 inch (5.99 mm) to 0.50 inch (12.7 mm). You state that this pipe will be used as drains, encasements for carrier pipe, culverts, etc.
The applicable subheading for the pipe measuring 8 inches (203.2 mm) to 16 inches (406.4 mm) in outside diameter will be 7306.30.5090, 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, other. The rate of duty will be free.
The applicable subheading for the pipe having an outside diameter more than 16 inches
(406.4 mm) will be 7306.90.1000, 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,
of iron or nonalloy steel. The rate of duty will be free.
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 imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. Part 134, Customs and Border Protection Regulations (19 CFR Part 134) implements the country of origin marking requirements of 19 U.S.C. 1304.
19 U.S.C. 1304(c) (1) requires that all pipe (iron, steel and stainless steel), and pipe and tube fittings be marked to indicate the proper country of origin by one of the five statutory methods. The acceptable methods of marking are die stamping, cast-in-mold lettering, etching, engraving or continuous paint stenciling.
In your submission, you indicate that you will purchase the pipe from a company in South Africa who will ship the pipe from China. The pipe is produced entirely in China, and no additional manufacturing takes place in South Africa. As such, we find that the country of origin for marking purposes is China, and therefore each pipe to be imported must be marked “Made in China” by using one of the statutory methods specified above.
You have also 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 Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (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” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/.
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 [email protected].
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division