CLA-2-73: OT: RR: NC: 1:117
Mr. Phil J. Kudla
Classification Manager
Expeditors Tradewin, LLC
11101 Metro Airport Center Drive
Suite 110
Romulus, MI 48174
RE: The tariff classification of seamless steel tubes from China
Dear Mr. Kudla:
In your letter dated June 4, 2010 you requested a tariff classification ruling on behalf of your client Voestalpine Rotec, Inc.
The products intended to be imported are described as seamless cold-drawn steel tubing manufactured to ASTM A519. The ASTM 519 specifications contain nonalloy and alloy grades of steel. The tubes are stated after importation to be machined and then formed and coated or plated if needed before being manufactured in the U.S. into seatbelt products, bushings, and welded assembly products. The chemical compositions you stated for the three grades of ASTM A519 you intend to import do not meet the definition of alloy steel or stainless steel as contained in the Chapter 72 Notes 1 (e) and (f) of the Harmonized Tariff Schedule of the United States (HTSUS).
According to the mill certificates submitted with your inquiry: the tubing used for manufacturing bushings measures 5 to 5.75 meters in length with outside diameters of 33.34 to 33.44mm and inside diameters of 22.11 to 22.21mm; the tubing used for manufacturing seatbelt products measures 5 to 5.8 meters in length with outside diameters of 21.04mm, the tubing used for welded assembly tubes measures 28.95 to 29.05 mm in outside diameter and 19.10 to 19.20 mm in outside diameter.
In reply to your additional question regarding the factors which determine classification we must first state that all imported merchandise is classifiable depending on condition as imported. A range of factors are considered in making a classification determination which include but are not limited to, the composition of the material, configuration of the product, method of manufacture, additional further processing after initial manufacture, and suitability for use.
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://www.cbp.gov (click on “Import” and “AD/CVD”).
The applicable subheading for the seamless nonalloy steel tubes will be 7304.31.6050, 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: cold-drawn or cold-rolled (cold-reduced): other, other. The rate of duty will be 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 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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division