CLA-2-73:OT:RR:NC:1:117
Ms. Betty Barney
Norman G. Jensen, Inc.
270 “C” Street
P.O. Box 3789
Blaine, WA 98231
RE: The tariff classification and country of origin marking of steel torsion shafts from China.
Dear Ms. Barney:
In a letter received July 19, 2010, on behalf Helton Industries Ltd., you requested a tariff classification ruling.
The products you plan to import are described as torsion shafts used in the manufacture of overhead garage doors. Although imported in various lengths, all of these galvanized steel tubes will have an outside diameter of .995” (25.27 mm), a wall thickness of either .062” (1.57 mm) or .078” (1.98 mm) and be made to ASTM A 500 (Grade B), the standard specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. Imported in both seamless and welded construction, these tubes are plain ended and ready for assembly without any further fabrication.
You have indicated in your letter that you believe the torsion shafts should be classified in subheading 8302.41.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles suitable for buildings. This office disagrees. Explanatory Note (EN) 83.02 (D) indicates that rods, tubes and bars merely cut to length and drilled, remain classified according to the constituent metal. Consequently, the torsion shafts are excluded from classification as a mounting or fitting in heading 8302, HTSUS.
The applicable subheading for the seamless torsion shafts 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.
The applicable subheading for the welded torsion shafts with a wall thickness of .062” will be 7306.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), 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 less than 1.65 mm. The rate of duty will be free.
The applicable subheading for the welded torsion shafts with a wall thickness of .078” will be 7306.30.5032, Harmonized Tariff Schedule of the United States (HTSUS), 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, other, with an outside diameter not exceeding 114.3 mm, galvanized, other. The rate of duty will be free.
You suggest that the torsion shafts be excepted from country of origin marking as they must undergo further assembly in order to be incorporated into the complete garage door. However, there are special country of origin marking requirements that apply to certain pipe and pipe fittings. 19 U.S.C. 1304( c)(1), requires that all pipe ( iron, steel or stainless), tube and pipe fittings (steel, stainless steel, chrome-moly steel, or cast or malleable iron shall be marked to indicate the country of origin by means of die stamping, cast-in-mold lettering, etching, engraving or continuous paint stenciling. 19 U.S.C. 1304 (c) (2), provides that if because of the nature of the article, it is technically or commercially infeasible to do so by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or, in the case of small diameter pipe, tube, or pipe fittings, by tagging the containers or bundles.
Treasury Decision (TD) 86-15 of January 22, 1986 defined small diameter pipe as pipe having an inner diameter of 1.9 inches or less. Therefore, although the subject torsion shafts must be marked with the country of origin, it has been found that tagging the bundles is an acceptable method of marking for tubes of this size.
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