CLA-2-73:RR:NC:MA:117 A84778

Mr. J-P. Belperron
Voest-Alpine Steel Products Corporation
60 East 42nd Street
New York, NY 10165

RE: The tariff classification of clad steel pipes and bends from the Netherlands.

Dear Mr. Belperron:

In your letter dated June 13, 1996, you requested a tariff classification ruling. Descriptive literature was submitted with your request.

The products to be imported are pipes and bends made from two-layer clad plates. The clad plates consist of two layers of steel of different chemistries and different physical properties which are roll-bonded together. The clad steel plates are manufactured in Austria and then sent to Holland where they are manufactured into pipes and bends. Both the pipes and the bends will be imported with flanges welded on the ends.

The base material used in these clad products is carbon steel, designated as grades ST 14 and RST 37-2. The cladding materials have the following grade designations: Altrix 2, 90 MnCrV 8, 85 CrMo 7, X 210 Cr 12 and X 40 Cr 13. The Altrix 2 cladding material contains 0.20-0.30 percent by weight of chromium. Altrix 2 material containing from 0.20 percent up to 0.30 percent by weight of chromium is considered to be carbon or nonalloy steel for tariff purposes. Altrix 2 cladding material which contains 0.30 percent by weight of chromium meets the Harmonized Tariff Schedule of the United States (HTS) definition of alloy steel. The other cladding materials meet the HTS definitions for either alloy steel or alloy tool steel. The Altrix cladding material comprises either 25, 33 or 50 percent of the total thickness of the clad product with the base (carbon layer) material comprising the remainder. The other alloy steel cladding materials comprise anywhere from 20 to 50 percent of the total thickness of the clad material. The thickness percentages

of the cladding materials are very close to the percentages by weight of each of the materials. Ferrous metals clad with another ferrous metal are classified as products of the ferrous metal which predominates by weight.

The pipes made from the clad plate range from 300 mm to 1400 mm in inside diameter. The bends correspond in size to the pipes with which they will be used.

The applicable subheading for the welded steel pipes in which the carbon steel layer predominates by weight and which have outside diameters exceeding 406.4 mm will be 7305.31.40, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, other, welded, longitudinally welded, other, of iron or nonalloy steel. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the welded steel pipes in which the alloy steel layer predominates by weight and which have outside diameters exceeding 406.4 mm will be 7305.31.60, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, other, welded, longitudinally welded, other, of alloy steel. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the welded steel pipes in which the carbon steel layer predominates by weight and which have outside diameters of 406.4 mm or less will be 7306.30.50, HTS, 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. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the welded steel pipes in which the alloy steel layer predominates by weight and which have outside diameters of 406.4 mm or less will be 7306.50.50, HTS, 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 other alloy steel, having a wall thickness of 1.65 mm or more, other. The rate of duty will be 3.9 percent ad valorem

The applicable subheading for the steel bends will be 7307.99.50, HTS, which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, other, other. The rate of duty will be 5.4 percent ad valorem.

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 Paula Ilardi at 212-466-5476.

Sincerely,

Roger J. Silvestri
Director
National Commodity
Specialist Division