CLA-2-73:OT:RR:NC:N1:117
Mr. Clint R. Zimpel
BendTec
366 Garfield Ave.
Duluth, MN 55802
RE: The tariff classification of alloy steel pipe from China
Dear Mr. Zimpel:
In your letter dated August 14, 2018, you requested a tariff classification ruling.
The products under consideration are five types of seamless ferritic alloy steel pipe. These pipes which have wall thicknesses ranging from 21.03 mm to 55.9 mm and outside diameters ranging from 456 mm to 718 mm are suitable for use as non-boiler external piping in a Natural Gas Combined Cycle power plant.
You suggest classification of the pipe in subheading 7304.59.8080, 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 other alloy steel: Other: Other: Other: Having an outside diameter exceeding 406.4 mm. However, based on the chemistry included with your request, we find that the subject pipe meets the Chapter 72, Additional U.S. Note 1(g) definition for heat-resisting steel.
The applicable subheading for the alloy steel pipe will be 7304.59.6000, HTSUS, which provides for 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 other alloy steel: Other: Other: Other: Of heat-resisting Steel. 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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.03 for aluminum. Products classified under subheading 7304.59.6000, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading listed above.
The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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,
Steven A. Mack
Director
National Commodity Specialist Division