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

Mr. Michael Sewell
Team Tube LLC
23217 66th Ave. So.
Kent, WA 98032

RE: The tariff classification of steel pipes from various countries

Dear Mr. Sewell:

In your letter dated April 19, 2019, you requested a tariff classification on steel pipes from various countries. In a supplemental email you stated the pipes would be imported from Germany, Romania, China, India, Spain, Italy, Japan, South Korea, and Brazil.

The products to be imported are identified as hot finished, seamless, carbon steel tubing/ pipe. You state the pipes are manufactured to specifications ASTM A-519 and ASTM A-106 B. The outside diameter ranges from 2 inches (50.8 mm) to 26 inches (660.4 mm) with a wall thickness ranging from .375 inches (9.525 mm) to 3.25 inches (82.55 mm). The pipes will be used in several mechanical applications, including, but not limited to, bushings, bosses, collars, axles, large diameter hydraulic cylinders, hinges, rollers, spacers, sleeves, and agricultural components.

The applicable subheading for the pipes with an outside diameter between 50.8 mm and not exceeding 114.3 mm and having a wall thickness between 9.525 mm and not exceeding 12.7 mm will be 7304.39.0028, 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 iron or non alloy steel: 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 or more but not exceeding 12.7 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter between 50.8 mm and not exceeding 114.3 mm and having a wall thickness greater than 12.7 mm will be 7304.39.0032, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of 38.1 mm or more but not exceeding 114.3 mm: having a wall thickness exceeding 12.7 mm. The rate of duty will be free. The applicable subheading for the pipes with an outside diameter greater than 114.3 mm but less than 190.5 mm and having a wall thickness less than 12.7 mm will be 7304.39.0036, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter exceeding 114.3 mm but less than 190.5 mm: having a wall thickness less than 12.7 mm. The rate of duty will be free. The applicable subheading for the pipes with an outside diameter greater than 114.3 mm but less than 190.5 mm and having a wall thickness of 12.7 mm or more but less than 19 mm will be 7304.39.0040, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter exceeding 114.3 mm but less than 190.5 mm: having a wall thickness of 12.7 mm or more but less than 19 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 114.3 mm but less than 190.5 mm and having a wall thickness of 19 mm or more will be 7304.39.0044, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter exceeding 114.3 mm but less than 190.5 mm: having a wall thickness of 19 mm or more. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter 190.5 mm or more but not exceeding 285.8 mm and having a wall thickness less than 12.7 mm will be 7304.39.0048, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness less than 12.7 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter 190.5 mm between or more but not exceeding 285.8 mm and having a wall thickness of 12.7 mm but less than 19 mm will be 7304.39.0052, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness of 12.7 mm or more but less than 19 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter between 190.5 mm or more but not exceeding 285.8 mm and having a wall thickness of 19 mm or more will be 7304.39.0056, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness of 19 mm or more. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 285.8 mm but not greater than 406.4 mm and having a wall thickness of less than 12.7 mm will be 7304.39.0062, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of exceeding 285.8 mm but not exceeding 406.4 mm: having a wall thickness less than 12.7 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 285.8 mm but not greater than 406.4 mm and having a wall thickness of 12.7 mm or more but less than 19 mm will be 7304.39.0068, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of exceeding 285.8 mm but not exceeding 406.4 mm: having a wall thickness of 12.7 mm or more but less than 19 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 285.8 mm but not greater than 406.4 mm and having a wall thickness of 19 mm or more will be 7304.39.0072, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter of exceeding 285.8 mm but not exceeding 406.4 mm: having a wall thickness of 19 mm or more. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 406.4 mm and having a wall thickness less than 19 mm will be 7304.39.0076, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter exceeding 406.4 mm: having a wall thickness less than 19 mm. The rate of duty will be free.

The applicable subheading for the pipes with an outside diameter greater than 406.4 mm and having a wall thickness of 19 mm or more will be 7304.39.0080, HTSUS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: other, of circular cross section, of iron or non alloy steel: other: other: other: having an outside diameter exceeding 406.4 mm: having a wall thickness of 19 mm or more. 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 9903.85.01 for aluminum. Products classified under subheadings 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.39.0062, 7304.39.0068, 7304.39.0072, 7304.39.0076, and 7304.39.0080, 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 numbers.

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/

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