CLA-2-73:OT:RR:NC:N1:116
Ms. Sandra Lee Watson Parcels
APCO MG USA Inc.
4261 Cates Landing Road
Tiptonville, Tennessee 38079
RE: The tariff classification of steel tubular products from China
Dear Ms. Watson Parcels:
In your letter dated May 5, 2020, you requested a tariff classification ruling.
The products under consideration are described as “hollow profiles” and identified as part numbers HP031, HP032, HP033, HP034 and HP035. You indicate that these hot-rolled, seamless “profiles” are used to manufacture butt weld elbows and will be imported in the following sizes: HP031 measures 245 mm in outside diameter with a wall thickness of 12 mm; HP032 measures 245 mm in outside diameter with a wall thickness of 20 mm; HP033 measures 273 mm in outside diameter with a wall thickness of 14 mm; HP034 measures 273 mm in outside diameter with a wall thickness of 24 mm and HP035 measures 245 mm in outside diameter with a wall thickness of 26 mm. Based on the percentages that were provided for certain elements in the chemistry, namely copper 1.5% max, nickel 1.0% max, molybdenum 0.25% max, vanadium 0.13% max and boron 0.001% max, the subject merchandise can be classified as either a nonalloy or an other alloy steel.
The applicable subheading for part number HP031 containing less than 0.4 percent copper, less than 0.3 percent nickel, less than 0.08 percent molybdenum, less than 0.1 percent vanadium and less than 0.0008 percent boron will be 7304.39.0048, 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 nonalloy 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 less than 12.7 mm. The rate of duty will be free.
The applicable subheading for part numbers HP032, HP034 and HP035 containing less than 0.4 percent copper, less than 0.3 percent nickel, less than 0.08 percent molybdenum, less than 0.1 percent vanadium and less than 0.0008 percent boron 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 nonalloy 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 is free.
The applicable subheading for part number HP033 containing less than 0.4 percent copper, less than 0.3 percent nickel, less than 0.08 percent molybdenum, less than 0.1 percent vanadium and less than 0.0008 percent boron 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 nonalloy 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 is free.
The applicable subheading for part number HP031 containing 0.4 percent or more of copper and/or 0.3 percent or more of nickel and/or 0.08 percent or more of molybdenum and/or 0.1 percent or more of vanadium and/or 0.0008 percent or more of boron will be 7304.59.8045, 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 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness less than 12.7 mm. The rate of duty is free.
The applicable subheading for part numbers HP032, HP034 and HP035 containing 0.4 percent or more of copper and/or 0.3 percent or more of nickel and/or 0.08 percent or more of molybdenum and/or 0.1 percent or more of vanadium and/or 0.0008 percent or more of boron will be 7304.59.8055, 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 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness of 19 mm or more. The rate of duty is free.
The applicable subheading for part number HP033 containing 0.4 percent or more of copper and/or 0.3 percent or more of nickel and/or 0.08 percent or more of molybdenum and/or 0.1 percent or more of vanadium and/or 0.0008 percent or more of boron will be 7304.59.8050, 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 190.5 mm or more but not exceeding 285.8 mm: having a wall thickness of 12.7 mm or more but less than19 mm. The rate of duty is 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.
The merchandise in question may be subject to antidumping duties and countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at https://trade.gov/enforcement/ (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 https://www.usitc.gov/trade_remedy/documents/orders.xls, and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at https://aceservices.cbp.dhs.gov/adcvdweb.
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 7304.39.0048, 7304.39.0052, 7304.39.0056; 7304.59.8045; 7304.59.8050 and 7304.59.8055, 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.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheadings 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.59.8045, 7304.59.8050 and 7304.59.8055, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheadings 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.59.8045, 7304.59.8050 and 7304.59.8055, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.
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