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NY I87418

November 5, 2002

CLA-2-73:RR:NC:1:117 I87418


TARIFF NO.: 7306.30.50

Ms. Melissa Powell
N.I. Logistics American Corporation
1211 SW 5th Avenue
Pacwest Center, Suite 2200
Portland, Oregon 97204

RE: The tariff classification of steel lance pipe from Japan.

Dear Ms. Powell:

In your letter dated October 3, 2002 on behalf of Nissho Iwai American Corp., you requested a tariff classification ruling. Descriptive literature of the product to be imported was submitted with your request

The product to be imported is known as lance pipe or “Shinto” lance pipe. Lance pipe is a welded mild steel pipe with a ferro-aluminum layer added to the surface of the steel by a “calorizing” treatment. The lance pipe is also coated with ceramic on both the inside and outside surfaces. The lance pipe ranges from " to 1 ¼" in outside diameter and has wall thicknesses of either 0.083" or 0.091". The lance pipe is used to inject oxygen or carbon into an electric arc furnace in steel making. The pipe is inserted into the electric arc furnace through a hole in the front of the furnace. Either oxygen or carbon is blown through the pipe into the furnace. The oxygen creates additional heat in the furnace which melts the scrap in the furnace faster. Carbon raises the carbon level of the steel. The lance pipe is ultimately consumed during the steel making operation. The applicable subheading for the welded coated steel lance pipe will be 7306.30.50, Harmonized Tariff Schedule of the United States (HTS), 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. The rate of duty will be 0.4 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheading 7306.30.50, unless specifically excluded, are subject to additional duties. See subheadings

9903.73.74 through 9903.73.86, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.84 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

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 Paula Ilardi at 646-733-3020.


Robert B. Swierupski

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