CLA-2-73:RR:NC:1:117 I89073

Mr. Matthew M. Nolan
Miller & Chevalier
655 Fifteenth Street, N.W., Suite 900
Washington, D.C. 20005-5701

RE: The tariff classification of steel pipes from Germany.

Dear Mr. Nolan:

In your letter dated December 6, 2002 on behalf of ExxonMobil Canada Properties (“ExxonMobil”), you requested a tariff classification ruling.

The products to be imported are steel pipes of varying dimensions that will be used in building an offshore platform. You state that each pipe has a number that will designate where it will be installed in the platform’s structure. These pipes are of welded construction and have diameters ranging from 700 mm to 2364 mm, wall thicknesses ranging from 20 mm to 80 mm and lengths ranging from 550 mm to 26167 mm.

The applicable subheading for the nonalloy steel pipes that have been longitudinally welded will be 7305.31.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, other, welded, longitudinally welded, other, of iron or nonalloy steel. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the nonalloy steel pipes that have been other than longitudinally welded will be 7305.39.1000, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, other, welded, other, of iron or nonalloy steel. 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 subheadings 7305.31.4000 and 7305.39.1000, 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 73 numbers 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,
National Commodity
Specialist Division