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NY J87322

August 7, 2003

CLA-2-73:RR:NC:1:117 J87322


TARIFF NO.: 7307.99.5045

Ms. Rosa De La Fuente
Star Pipe Products
4018 Westhollow Parkway
Houston, Texas 77082

RE: The tariff classification of steel pipe fittings from India.

Dear Ms. De La Fuente:

In your letter dated July 8, 2003, you requested a tariff classification ruling. A representative sample of the product to be imported was submitted with your ruling request.

The product to be imported is a forged nonalloy steel threaded weld outlet pipe fitting made to ASTM Specification A 105, the Standard Specification for Carbon Steel Forgings for Piping Applications. The fitting is contoured on one end to provide a precise fit at the opening in the run pipe and threaded on the other end to provide a threaded outlet branch connection.

The applicable subheading for the forged steel threaded weld outlet fitting will be 7307.99.5045, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, other, other, of iron or nonalloy steel, other. The general rate of duty will be 4.3 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 7307.99.5045, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.88 through 9903.73.95, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.94 which currently carries an additional 10 percent ad valorem tariff. Chapter 99 subheading 9903.73.88 states that certain goods are excluded from the application of relief under U.S. note 11(c) to this subchapter, as described in subheadings 9903.77.50 through 9903.77.51. Subheading 9903.77.50 provides for an exclusion enumerated in U.S. note 11(c)(clv) to this subchapter and entered in an aggregate quantity not to exceed 3000 t during a time period specified in such note. If the product you plan to import meets all the requirements for this exclusion for carbon or alloy steel forged fittings, it would not be subject to the additional 10 percent tariff. At the time of importation, you must report the applicable Chapter 99 number in addition to the Chapter 73 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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