CLA-2-74:RR:NC:1:118 C81947

Ms. Deborah J. Clune
PBB Global Logistics
434 Delaware Avenue
Buffalo, NY 14202

RE: The tariff classification and status under the North American Free Trade Agreement(NAFTA) of brass thin welded tubes from Canada.

Dear Ms. Clune:

In your letter dated November 18, 1997, you requested a classification ruling on behalf of your client, Arzon Ltd.

You state the samples you have submitted are brass tubes that will be used in the manufacture of automobile radiators. The tubes are flat, appear to be coated with silver colored metal (which you state is a solder coating of tin and lead), and have a seam down one side. You further state that the brass strips and foil used to make these tubes will be imported from the Netherlands. The brass strip samples that you have submitted, range in thickness from 1.57 mm to 2.03 mm. The applicable subheading for the brass tubes will be 7411.21.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Copper tubes and pipes: Of copper alloys: Of copper-zinc brass alloys (brass): Other. The general rate of duty is 3.6 percent ad valorem.

The non-originating copper alloy (brass) foil used to make the tubes has satisfied the changes in tariff classification required under HTSUS General Note 12(t)/74.10. The brass tubes made with non-originating brass foil will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The non-originating brass strip used to make the brass tubes does not undergo the changes in tariff classification required by General Note 12(t)/74.10. Therefore, the brass tubes made from brass strip do not qualify for preferential treatment under the NAFTA and the general rate of duty would apply.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 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 Kathy Campanelli at 212-466-5492.


Robert B. Swierupski
National Commodity
Specialist Division