CLA-2-73:RR:NC:1:117 I86681

Ms. Eileen Buccheri
Eileen Buccheri D/B/A Montreux Custom Broker
20 Cardinal Lane
Hauppauge, NY 11788

RE: The tariff classification of steel and rubber pipes, fittings, hoses and gaskets from Italy.

Dear Ms. Buccheri:

In your letter dated September 3, 2002 on behalf of Acme America, Inc., you requested a tariff classification ruling.

The products to be imported are pipes, fittings, hoses and gaskets. The pipes (straight lengths) may be of either nonalloy or alloy steel and may be seamless or welded. The seamless pipes are cold-rolled, have inside diameters of 2", 2 1/2" and 3" and a wall thickness of 2.9 mm. The welded pipes have inside diameters of 4", 4.8" and 5" and wall thicknesses of 3.0 mm, 3.5 mm, 4.0 mm, 4.5 mm, 4.8 mm and 7.1 mm. The products described as angle pipes are actually pipe fittings (elbows). Noting the submitted drawings, these elbows are connected to pipes by means of gaskets and clamps. The elbows may be of either nonalloy or alloy steel. The gaskets and hoses are made of neoprene rubber. The hoses are reinforced with braided steel and have fittings.

The applicable subheading for the seamless nonalloy steel pipes will be 7304.31.6050, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of iron or nonalloy steel, cold-drawn or cold-rolled (cold-reduced), other, other. The rate of duty will be 1.6 percent ad valorem.

The applicable subheading for the seamless alloy steel pipes will be 7304.51.5060, HTS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of other alloy steel, cold-drawn or cold-rolled (cold-reduced), other, other, other. The rate of duty will be 1.5 pecent ad valorem.

The applicable subheading for the welded nonalloy steel pipes will be 7306.30.50, 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 0.4 percent ad valorem.

The applicable subheading for the welded alloy steel pipes will be 7306.50.50, 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 other alloy steel, having a wall thickness of 1.65 mm or more, other. The rate of duty will be 1 percent ad valorem.

The applicable subheading for the nonalloy and alloy steel elbows will be 7307.99.50, HTS, which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, other, other. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the neoprene rubber gaskets will be 4016.93.5050, HTS, which provides for other articles of vulcanized rubber other than hard rubber…gaskets, washers and other seals…other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the neoprene rubber hoses reinforced with braided steel will be 4009.22.0050, HTS, which provides for tubes, pipes and hoses, of vulcanized rubber other than hard rubber…reinforced or otherwise combined only with metal: with fittings, other. The rate of duty will be 2.5 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 7306.30.50 and 7306.50.50, 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 9903.73.84 which currently carries an additional 15 percent ad valorem tariff. Products classified under HTS subheading 7307.99.50, 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 9903.73.93 which currently carries an additional 13 percent ad valorem tariff. At the time of importation, you must report these Chapter 99 numbers 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,
National Commodity
Specialist Division