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

Kenneth A. Johnson
American Piping Products Incorporated
325 Maryville Centre Drive, Suite 310
Chesterfield, MO 63017

RE: The tariff classification of seamless line pipe from China

Dear Mr. Johnson:

In your e-ruling request, submitted on September 12, 2018, you requested a tariff classification ruling.

The product to be imported is described as hot finished normalized seamless carbon steel tube. However, according to the documentation submitted, the product is a seamless line pipe meeting ASTM A106 and API 5L. The chemical composition includes a range of molybdenum between 0.05 percent and 0.10 percent. The product specifications include the following inclusive dimensions: wall thickness from 28 mm to 36 mm, inside diameter from 682 mm to 714 mm, outside diameter from 754 mm to 770 mm, and length from 2438 mm to 12192 mm.

Based on the chemical composition provided, there are two classifications because of the range of percentages by weight of molybdenum. The applicable subheading for the line pipe containing less than 0.08 percent of molybdenum will be 7304.19.1080, 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: Line pipe of a kind used for oil or gas pipelines: Other: Of iron or nonalloy steel: Having an outside diameter exceeding 406.4 mm. The rate of duty will be free.

The applicable subheading for the line pipe containing 0.08 percent or more of molybdenum will be 7304.19.5080, HTSUS, which provides for Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: Line pipe of a kind used for oil or gas pipelines: Other: Of other alloy steel: Having an outside diameter exceeding 406.4 mm. 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 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 7304.19.1080 and 7304.19.5080 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 Angelia Amerson at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division