CLA-2-73:OT:RR:NC:N1:117
Mr. Todd Adams
Stainless Imports, Inc.
P.O. Box 1767
Eaton Park, FL 33840
RE: The tariff classification of stainless steel tubes from China
Dear Mr. Adams:
In your letter dated September 5, 2018 you requested a tariff classification ruling.
The products you intend to import are described as stainless steel tubes used in dairy production. Information submitted with your request shows that the steel contains less than 1.2 percent of carbon and 10.5 percent or more of chromium in conformity with the definition of stainless steel in Chapter 72, Note 1(e) of the Harmonized Tariff Schedule of the United States, (HTSUS). The chemistry also shows the nickel content to be 8 - 12 percent. The tubes are stated to be welded with a wall thickness of 4 - 5 mm and an outside diameter of 178 mm. They are made to ASTM specifications A249 and A269. If polished, these tubes satisfy the specification for ASTM A270.
The applicable subheading for the stainless steel tubes described above will be 7306.40.5085, 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 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.
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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed 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 9903.85.03 for aluminum. Products classified under subheadings 7306.40.5085, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading 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 subheadings.
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