• Type : Entry • HTSUS :

OT:RR:CTF:EPDR H351143 SAB

Michael Carr
Crane Worldwide Logistics
1500 Rankin Road
Houston, TX 77073

RE: Eligibility for temporary importation under bond of certain valves; United States-Mexico- Canada Agreement (USMCA)

Dear Mr. Carr,

This is in response to your request for a ruling, dated August 4, 2025, on behalf of your client, Woodside Energy Group LTD (Woodside). Woodside seeks a determination as to whether certain valves are eligible for duty-free treatment under subheading 9813.00.05 of the Harmonized Tariff Schedule of the United States (HTSUS), as a temporary importation under bond (TIB). Our decision follows.

FACTS:

Woodside proposes to import from Italy several valve types, specifically gate valves which are distinguishable by part and serial number, as well as sizing, wall thickness, and description. The valves will be welded onto pipes in the United States to create a “pipeline end termination” structure (PLET), which you state will be exported to Mexico. A PLET structure is a subsea structure that serves as the termination point for a pipeline and provides a foundation for stability and a hub for connecting the pipeline to other subsea equipment. Once assembled, the valves control the flow of oil and gas in subsea pipelines.

At importation, the valves are catalogued for purposes of quality control then welded to pipes that will be assembled into a PLET structure. Once welded to the pipes, the valves undergo hydrostatic testing and are inspected by Certified Welding Inspectors who record the specific valves/parts, weldments, and fabrication dates. If a valve were to become damaged or unusable, the valve would be identifiable, and Woodside would accomplish any necessary destruction under U.S. Customs and Border Protection (CBP) supervision. Woodside notes that the valves are not modified in any way prior to welding because they are welded in the same condition as at importation, and no alterations are necessary. As a consequence of the valves not being modified, the welding process does not generate any waste. Woodside asserts once the welding process is complete, the finished PLET structure is a new article produced in the United States that is originating under the U.S.-Mexico-Canada Agreement (USMCA). Woodside seeks a binding ruling to confirm whether the valves are eligible to be entered under TIB subheading 9813.00.05, HTSUS.

ISSUE:

Whether the valves are eligible to be entered under TIB subheading 9813.00.05, HTSUS.

LAW AND ANALYSIS:

General Note 1, HTSUS, dictates that all merchandise imported into the United States is subject to duty unless specifically exempted therefrom. Such an exemption is accorded to articles temporarily imported for repair, alteration, or processing, including processing that result in articles manufactured or produced in the United States, under subheading 9813.00.05, HTSUS. See U.S. Notes 1-2 of Subchapter XIII, Chapter 98, HTSUS. Duty-free treatment under this subheading is conditioned on the imported merchandise being exported or destroyed within one year from the date of importation. See 19 C.F.R. § 10.37. This one-year period may be extended to one or more additional periods, which, when added to the initial period may not exceed three years. Id. The imported merchandise may not be imported for the purpose of a sale or sale on approval. See U.S. Note 1(a) of Subchapter XIII, Chapter 98, HTSUS; see also 19 C.F.R. § 10.31(a)(3)(iii).

Given that subheading 9813.00.05 of the HTSUS accords duty-free treatment to articles intended to be “repaired, altered, or processed” in the United States, a determination as to whether Woodside’s imported valves are eligible to be entered under subheading 9813.00.05, HTSUS, thus hinges on whether the valves will be altered or processed. Although the terms “altered” or “processed” are not defined within the HTSUS, or the regulations governing TIBs in Subpart A of 19 C.F.R. Part 10 (19 C.F.R. §§ 10.31-10.40), these terms have been defined through various rulings issued by CBP.

In Headquarters Ruling Letter (HQ) 224661, dated January 11, 1994, CBP explained that processing for purposes of subheading 9813.00.05, HTSUS, “can be a relatively minor procedure or extensive enough to be considered a manufacture or production.” In regard to welding, CBP has consistently held that welding constitutes “processing” for purposes of subheading 9813.00.05, HTSUS. For example, in HQ 230286, dated April 12, 2004, a company imported coils of titanium strips to be slit, rolled, and welded, to create titanium tubing. CBP determined that “creating welded tube” from the imported strips qualified as processing. Id. More recently, in HQ H297439, dated March 30, 2020, a company imported six individual vane parts to be welded into a “Chevron Vane Assembly” (CVA) for use in nuclear power plants. CBP explained that an article is deemed processed if subjected to an operation which results in a change to its character and use to meet certain specifications. CBP concluded that welding vane parts into CVA qualified as processing because prior to welding, the vanes are just loose parts that cannot be installed into nuclear power plant’s moisture separator system – welding thus changed the parts’ character and use because only the welded CVA could be used in a nuclear power plant.

2 Additionally, CBP found that the welding operations resulted in a new and different article that has a distinctive name, character, and use – the vane parts became the CVA. Id.

In this case, the imported valves will be subjected to a welding method that affixes the valves to pipes that will subsequently be assembled into a completed PLET structure. As in H297439, where the welding of the imported vane parts resulted in a change to the character and use of the parts, rendering them fit for a specialized use once incorporated into the CVA, here the welding renders the valves suitable for controlling the flow of oil and gas in subsea pipelines once incorporated into the PLET. We therefore find that the imported valves are eligible to be entered under TIB subheading 9813.00.05, HTSUS. Further, just as the welding operations in H297439 produced a new and different article, the CVA, that had a distinctive name, character, and use, from the imported vane parts, here the welding of valves onto pipes produces a PLET structure. The PLET structure has a distinctive name, character, and use, from the imported valves that is specific to managing the flow of fluids in subsea pipelines. Accordingly, we find that the welding operation to which the imported valves will be subjected constitutes a “process” within the meaning of subheading 9813.00.05, HTSUS, and this process results in an article produced within the United States.

Pursuant to U.S. Note 2(b)(i) of Subchapter XIII, Chapter 98 of the HTSUS, whenever merchandise is entered under subheading 9813.00.05, HTSUS, and manufactured, “if any processing of such merchandise results in a[nother] article . . . manufactured or produced in the United States . . . a complete accounting . . . for all articles, wastes and irrecoverable losses resulting from such processing” is required and all articles or valuable wastes must be exported or destroyed or, in the alternative, duties may be paid on the waste. As explained above, for purposes of subheading 9813.00.05, HTSUS, processing “includ[es] processes which result in articles manufactured or produced in the United States.” As we have determined that the welding operations described by Woodside produce a new or different article of commerce, a PLET structure, that has distinctive name, character, and use, from the imported valves, the accounting requirements detailed in U.S. Note 2(b)(i) of Subchapter XIII are applicable. Although Woodside explained that no waste is generated during welding, the requirement to account for all articles produced and any “irrecoverable losses” remains applicable.

Finally, you indicate the PLET structures will be exported to Mexico. We note that pursuant to U.S. Note 1(c) of Subchapter XIII, Chapter 98 of the HTSUS, “if an article imported into the United States for processing, under heading 9813.00.05, is withdrawn for exportation to Canada or Mexico, the duty assessed shall be waived or reduced in an amount that does not exceed the lesser of the total amount of duty payable on the article that would have been payable on importation under chapters 1 through 97, inclusive, of the tariff schedule or the total amount of customs duty paid to Canada or Mexico on the exported article.” Accordingly, although an article may be accorded duty-free treatment when entered under TIB subheading 9813.00.05, HTSUS, upon exportation to Mexico, the article may be dutiable under the duty-deferral provisions of the USMCA. Id.; see also 19 C.F.R. § 182.53(a)(2)(i)(A); HQ H312750 (Jan. 29, 2026) (“if an article is imported into a duty-deferral program in the United States, such as temporary importation under bond, at subsequent exportation the good will be dutiable so long as it constitutes a good subject to USMCA drawback that is not identified in 19 C.F.R. § 182.45”).

3 HOLDING:

The valves are eligible to be entered under subheading 9813.00.05, HTSUS.

Please note that 19 C.F.R. § 177.9(b)(1) provides that “[e]ach ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated into the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect. The application of a ruling letter by CBP field office to the transaction to which it is purported to relate is subject to the verification of the facts incorporated in the ruling letter, a comparison of the transaction described therein to the actual transaction, and the satisfaction of any conditions on which the ruling was based.” If the terms of the import or export contracts vary from the facts stipulated to herein, this decision shall not be binding on CBP as provided for in 19 C.F.R. § 177.2(b).

Sincerely,

Kristina Frolova, Chief
Entry Process & Duty Refunds Branch

4