Mr. Jin Mi
PO Box 111982
Nashville, TN 37222
RE: The tariff classification of brass, steel and aluminum inserts from China
Dear Mr. Mi:
In your letter dated July 26, 2012, you requested a tariff classification ruling. Photographs, scale drawings, specification sheets and samples of the subject inserts were submitted for our review. Representative samples were included with your submission and will be returned.
Item 1 is described as a brass insert that has fins molded onto it after it is imported. The fins centralize the part in the casing and allow fluid to flow past the fins on the outside of the brass insert. You indicate that the fluid flowing around the unit is likely mud or water. The rubber end caps protect the brass insert prior to molding and final installation. The ends of the inserts are open and allow a rod to pass through the center of the insert. The rod carries the various tools downhole and must be centralized in the casing. Item 1 includes part numbers KM–111S-2 and KM-111N. The inserts function in the same manner but are made for either different sizes of tubing or different types of tools that they centralize.
Items 2, 3, 4 and 5 under consideration are described as “tubular” products for use with Swab Cups. Part number I-90100-4 is described as carbon steel “tubing” that will be used as a metal insert for Swab Cups. The ring measures approximately 1.365 inches in outside diameter and 1.125 inches in length. Part number I-3118-1 is described as carbon steel “tubing” that will be used as a metal insert for Swab Cups. The ring is made to ASTM Specification A513 and measures approximately 2.625 inches in outside diameter and 1.156 inches in length. Part number I-2846-2 is described as carbon steel “tubing” that will be used as a metal insert for Swab Cups. The ring is made to ASTM Specification A513 and measures approximately 3.125 inches in outside diameter and 1.313 inches in length. However, part numbers I-90100-4, I-3118-1 and I-2846-2 would not be considered pipes or tubes of Chapter 73, because the diameter of the rings exceeds the length.
Part number I-5341-0 is described as aluminum “tubing” that will be used as a metal insert for Swab Cups. The schematic indicates that the article is made from 6061-T6 aluminum alloy. The “tubing” measures approximately 1.089 inches in outside diameter and 4.615 inches in length. A pipe/tube section measuring less than 12 inches in length is not considered a pipe or tube but a fitting. However, the subject item cannot be classified as a tube or pipe fitting because it does not meet the parameters set forth in the Explanatory Notes (ENs) that define a tube or pipe fitting. Specifically, the ENs to heading 7307, Harmonized Tariff Schedule of the United States (HTSUS), describe a tube or pipe fitting as a product used for connecting the bores of two tubes together, or for connecting a tube to some other apparatus, or for closing the tube aperture.
The applicable subheading for the brass inserts (part number KM-111S-2 and KM-111N) will be 7407.21.1500, HTSUS, which provides for copper bars, rods and profiles, of copper alloys, of copper-zinc base alloys (brass), profiles, hollow profiles. The rate of duty will be 2.2 percent ad valorem.
The applicable subheading for the steel inserts (part numbers I-90100-4, I-3118-1 and I-2846-2) will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.
The applicable subheading for the aluminum inserts (part number I-5341-0) will be 7616.99.5090, HTSUS, which provides for other articles of aluminum, other, other…other. The rate of duty will be 2.5 percent ad valorem.
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/.
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 World Wide Web at http://www.usitc.gov/tata/hts/.
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 (646) 733-3020.
Thomas J. Russo
National Commodity Specialist Division