Ms. Susan Martin
Willmar International Inc.
1929 Potter Rd.
N. Baltimore, OH 45872

RE: The tariff classification of alloy pipes from Japan

Dear Ms. Martin:

In your letter dated July 10, 2018 you requested a tariff classification ruling on behalf of your client, Primrose Alloys.

The products you intend to import are ASTM B789 alloy 20 pipe described as seamless, cold finished stainless steel pipe. The pipe is intended to be used in the petrochemical industry in the U.S. The inspection certificates with chemical analysis submitted with your inquiry show the chromium from 19 to 21 percent, nickel from 32 to 38 percent, molybdenum from 2 to 3 percent, copper from 3 to 4 percent, manganese 2 percent, silicon 1 percent, carbon less than 1.2 percent and iron as the balance.

An alloy qualifies as stainless steel if it is an alloy steel containing 1.2 percent or less of carbon and 10.3 percent or more of chromium in accordance with Note 1(e) of Chapter 72, Harmonized Tariff Schedule of the United States, (HTSUS). If the alloy is predominantly iron and contains by weight 24 percent or more of nickel, it qualifies for tariff purposes as high- nickel alloy steel in accordance with Statistical Note 1, Chapter 72, HTSUS.

However, if the nickel rather than the iron is in chief weight, the product is classifiable as a nickel product in Chapter 75, HTSUS.

In this case, the chemistry range allows for either iron or nickel to predominate by weight depending on the level of alloying elements.

The applicable subheading for the alloy pipe in chief weight of iron will be 7304.41.6005, (HTSUS), which provides for tubes, pipes and hollow profiles, seamless, of iron (othe than cast iron) or steel; other , of circular cross section, of stainless steel: col-drawn or cold-rolled (cold-reduced): other, of high-nickel alloy steel. The rate of duty will be free.

The applicable subheading for the alloy pipe in chief weight of nickel will be 7507.12.0000, (HTSUS), which provides for nickel tubes, pipes and tube or pipe fittings: tubes and pipes: of nickel alloys. The rate of duty will be 2 percent of the value.

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 the World Wide Web at

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 HTSUS subheading 7304.41.6005 may be subject to additional duties or quota.  At the time of importation, you must report the Chapter 99 number applicable to your product classification in addition to the Chapter 72, 73 or 76 number 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.

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 [email protected]


Steven A. Mack
National Commodity Specialist Division