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NY J88537

September 23, 2003

CLA/MAR-2-73:RR:NC:1:117 J88537


TARIFF NO.: 7307.92.3010

Ms. Jamie L. Davis
Barnett, Inc.
Interline Brands
3333 Lenox Avenue
Jacksonville, FL 32254


Dear Ms. Davis:

This is in response to your letter dated August 27, 2003 requesting a ruling on the classification and country of origin marking requirements for certain pipe fittings of iron or steel. A marked sample was submitted with your letter for review.

The products to be imported are nonalloy steel threaded merchant couplings, either black or galvanized, that will be imported in various sizes.

The applicable subheading for the steel threaded merchant couplings will be 7307.92.3010, 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, threaded elbows, bends and sleeves, sleeves (couplings), of iron or nonalloy steel. The rate of duty will be 0.6 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 7307.92.3010, 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. 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.

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 (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

19 U.S.C. 1304(c)(1), requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling. 19 U.S.C. 1304(c)(2), provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles.

The markings on the submitted sample are on a paper label and do not satisfy the marking requirements of 19 U.S.C. 1304(c). The couplings must be marked “Made in China” or “Country of Origin China” by one of the five methods enumerated in 19 U.S.C. 1304(1).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR Part 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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