CLA-2-73:RR:NC:1:117 L82235

Mr. Robert Glover
Coppersmith, Inc.
2041 Rosencrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of stainless steel conduit pipe from Taiwan.

Dear Mr. Glover:

In your letter dated January 13, 2005, on behalf of J. Packson Enterprise, you requested a tariff classification ruling.

The product to be imported is welded stainless steel (Types 304 & 316) conduit pipe meeting UL 6A, Underwriters Laboratories Standard for Electrical Rigid Metal Conduit of Aluminum, Red Brass and Stainless Steel. Available in a variety of sizes, outside diameters range from .840 “ to 4.5” with wall thicknesses of .083” up to .237”. These pipes are polished for a cleaner appearance, as they are used to house electric wire/ cable in the food and dairy industries, water treatment facilities and drug companies.

The applicable subheading for the Type 304 stainless steel conduit pipe with an outside diameter less than 4.5” will be 7306.40.5064, Harmonized Tariff Schedule (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 stainless steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, containing more than 0.5 percent but less than 24 percent by weight of nickel, other. The rate of duty will be free.

The applicable subheading for the Type 316 stainless steel conduit pipe with an outside diameter less than 4.5 “ will be 7306.40.5062, Harmonized Tariff Schedule (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 stainless steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter not exceeding 114.3 mm, containing more than 0.5 percent but less than 24 percent by weight of nickel, containing more than 1.5 percent but less than 5 percent by weight of molybdenum. The rate of duty will be free.

The applicable subheading for Types 304 & 316 stainless steel conduit pipes with outside diameters of 4.5” will be 7306.40.5085, Harmonized Tariff Schedule (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 stainless steel, having a wall thickness of 1.65 mm or more, other, other, with an outside diameter exceeding 114.3 mm but not exceeding 406.4 mm, containing more than 0.5 percent but less than 24 percent by weight of nickel. The rate of duty will be free.

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 Gloria Stingone at 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division