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NY J87898




September 3, 2003

CLA-2-73:RR:NC:1:117 J87898

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.50

Ms. Leslie J. Cummings
Knape & Vogt Manufacturing Company
2700 Oak Industrial Drive NE
Grand Rapids, MI 49505-6083

RE: The tariff classification of steel tubing from China.

Dear Ms. Cummings:

In your letter dated August 4, 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 chrome plated welded carbon steel tubing. The steel tubes measure either 1.0625” or 1.3125” in outside diameter and 0.075” or 0.109” in wall thickness and will be imported in stock lengths ranging from 4 feet to 12 feet. According to the literature submitted with your request, these tubes are made to ASTM Specification A 513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing.

You express the opinion that this tubing is classifiable under HTS subheading 8302.41.6080 which provides for base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like and cite NY ruling J81413 dated February 25, 2003. The rods that were the subject of ruling J81413 were assembled products consisting of welded tubes of different diameters fitted within one another with stamped end flanges mechanically fastened onto the tube. The tubes presently under consideration are straight lengths of mechanical tubing imported in material lengths and made to a standard specification for mechanical tubing.

The applicable subheading for the chrome plated welded carbon steel tubing 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 0.2 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 9903.73.85 which currently carries an additional 12 percent ad valorem tariff. At the time of importation, you must report this 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.

Sincerely,

Robert B. Swierupski
Director,

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