CLA-2-73:RR:NC:1:117 J80537
Ms. Shelley Vybiral
Snap-tite Inc.
8325 Hessinger Dr.
Erie, PA 16509
RE: The tariff classification of stainless steel and nickel tubing.
Dear Ms. Vybiral:
In your letter dated January 24, 2003, you requested a tariff classification ruling.
The products under consideration are stainless steel and nickel tubes. Type 304 and 316 stainless steel medium and high pressure seamless cold-drawn tubes range from 6.35 mm to 25.4 mm in diameter and from 6 meters to 8.2 meters in length. These tubes, designed to handle pressure up to 150,000 psi, are used in the high pressure fluid handling industry. Type 304 and 316 annealed stainless steel low pressure seamless tubes range from 1.59 mm to 12.70 mm in diameter and from 6 meters to 8.2 meters in length. These tubes, designed for pressure up to 15,000 psi, are used in the high pressure fluid handling industry. Inconel 600 and Monel 400 nickel low, medium and high pressure seamless tubes range from 6.35 mm to 25.4 mm in diameter and from 6 meters to 8.2 meters in length.
You express the opinion that these nickel tubes are classifiable under HTS subheading 7508.90.5000 which provides for other articles of nickel. You believe these tubes cannot be classified under HTS subheading 7507.12.0000 which provides for nickel tubes of nickel alloys because these materials don’t meet the definition of nickel alloys in the chapter notes. The heading for 7507 is more specific for describing seamless tubes than the heading for 7508. Both Inconel 600 and Monel 400 are considered alloys of nickel since nickel predominates by weight and [subheading note 1(b)(ii)] the content by weight of Fe exceeds 0.5%. In addition, [subheading note 1(b)(iii)] the total content by weight of elements other than nickel plus cobalt exceeds 1 percent.
The applicable subheading for the stainless steel medium and high pressure cold-drawn seamless tubes having an external diameter measuring less than 19 mm will be 7304.41.3045, 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 stainless steel, cold-drawn or cold-rolled (cold-reduced), of an external diameter of less than 19 mm, other, other.
The applicable subheading for the stainless steel medium and high pressure cold-drawn seamless tubes having an external diameter measuring 19 mm or more will be 7304.41.6045, HTS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, cold-drawn or cold-rolled (cold-reduced), other, other, other.
The applicable subheading for the annealed stainless steel low pressure seamless tubes will be 7304.49.0060, HTS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, of circular cross section, of stainless steel, other, other, other, other.
The applicable subheading for the Inconel 600 and Monel 400 low medium and high pressure seamless tubes will be 7507.12.0000, HTS, which provides for nickel tubes, pipes and tube or pipe fittings (for example, couplings, elbows, sleeves): tubes and pipes: of nickel alloys.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
You also asked about the proper classification of stainless steel and nickel nipples. We need additional information on these products before we can issue a binding classification ruling. You state that these nipples are used to interconnect valves and fittings. Can these nipples also be used to connect pipe/tube to pipe/tube or to connect pipe/tube to some other apparatus? Can you provide drawings or illustrations showing where and how these nipples are used? When this information is available, you may wish to consider resubmission of your request.
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 Specialists Paula Ilardi at 646-733-3020 (stainless steel products) or Kathy Campanelli at 646-733-3021 (nickel products).
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division