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

Mr. Ross N. Chaffin
Tomlinson Rust McKinstry & Grable, P.C.
211 N. Robinson Ave. Suite 450
Oklahoma City, OK 73102

RE: The tariff classification of steel pipe from China

Dear Mr. Chaffin:

In your letter dated February 11, 2013 you requested a tariff classification ruling on behalf of your client Charles Machine Works, Inc. You have submitted descriptive literature and pictorial representations.

The product to be imported is steel pipe from China. The steel pipe is described as an alloy seamless pipe and tube made to ASTM A519 specifications. The pipe is hot-rolled. The outside diameter is between 40 and 110 mm. The range of the wall thickness is a minimum of 4.85mm and a maximum of 11.40 mm. It is used for a horizontal drilling machine for the installation of utility lines under roads and other obstructions.

The applicable subheading for the steel pipe with minimum range will be 7304.59.8015, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Other: Other: Other: Having an outside diameter of 38.1 mm or more but not exceeding 114.3 mm: Having a wall thickness less than 6.4 mm.. The rate of duty is Free.

The applicable subheading for the steel pipe with the maximum range will be 7304.59.8020, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Other: Other: Other: Having an outside diameter of 38.1 mm or more but not exceeding 114.3 mm: Having a wall thickness of 6.4 mm not exceeding 12.7mm. The rate of duty is Free.

The merchandise in question may be subject to antidumping duties or countervailing duties.  Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection.  You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”).  For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Mary Ellen Laker at (646) 733-3020.

Sincerely,

Thomas J. Russo
Director
National Commodity Specialist Division