CLA-2-73:OT:RR:NC:N1:117

Ms. Stephanie Williams
Brooks Equipment Company, LLC
10926 David Taylor Drive, Suite 300
Charlotte, NC 28262

RE: The tariff classification of welded pipe from Malaysia. Amendment to Ruling Number N295084

Dear Ms. Williams:

This replaces Ruling Number N295084, dated April 6, 2018, which did not include a statement indicating that the welded steel pipe is subject to additional duties imposed on steel and aluminum products pursuant to Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862). A complete amended ruling follows.

In your letter received in our office on March 6, 2018, you requested a tariff classification ruling.

The product under consideration is welded pipe used for the conveyance of fluids and gases. This nonalloy steel pipe which is made to ASTM A53 may be either galvanized, black mill finished or nickel or chrome plated. It is threaded on both ends with outside diameters ranging from .40 inch to 4.5 inches, wall thicknesses exceeding 1.65 mm and lengths measuring between 12.1 inches to 17.9 inches.

The applicable subheading for the welded pipe, if galvanized, will be 7306.30.5032, Harmonized Tariff Schedule of the United States (HTSUS), 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, other, with an outside diameter not exceeding 114.3 mm, galvanized, other. The rate of duty will be free.

The applicable subheading for the welded pipe, if black mill finished or nickel or chrome plated, will be 7306.30.5055, HTSUS, 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, with an outside diameter not exceeding 114.3 mm, other, other, other. The rate of duty will be free.

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 https://hts.usitc.gov/current.

On March 8, 2018, President Trump proclaimed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under HTS subheadings 7306.30.5032 and 7306.30.5055, unless specifically excluded, are subject to additional duties. At the time of importation, you must report the Chapter 99 number applicable to your product classification in addition to the Chapter 72, 73 or 76 number listed above.

The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 numbers.

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 [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division