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NY 818352




February 13, 1996

CLA-2-73:RR:NC:MA:117 818352

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.10

Mr. Jorge A. Hinojosa
Galvak
Ave. De La Juventud Nte. 340
San Nicolas De Los Garza N.L. C.P. 66450
Mexico

RE: The tariff classification of steel tubing from Mexico.

Dear Mr. Hinojosa:

In your letter dated November 16, 1995, you requested a tariff classification ruling. Additional information on the product to be imported along with a representative sample were subsequently submitted.

The products to be imported are round, welded carbon steel tubes measuring 1 inch in diameter and 106 inches in length. The wall thickness is 0.060 inch. The tubes are made to ASTM Specification A-513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing. At the time of importation, the tubes will be chamfered or beveled on both ends. After importation, the tubes will be bent into U shapes and will become parts of hand trucks. You express the opinion that these tubes should be classified as hand truck parts.

Steel pipes and tubes which are classified under headings 7304 through 7306 are described in the General Explanatory Notes to Chapter 73; a copy of this description is attached. The pipes and tubes of this chapter may be subjected to various processing operations such as polishing, coating, bending, threading and coupling, drilling and swaging. The Explanatory Notes to the headings for steel pipes and tubes state that such headings exclude "tubes, pipes and hollow profiles made up into specific identifiable articles".

The above described tubes are made to a standard specification for mechanical steel tubing and have not reached the point where they are clearly identifiable as parts of hand trucks.

The applicable subheading for the circular welded carbon steel tubes will be 7306.30.10, Harmonized Tariff Schedule of the United States (HTS), 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 6.4 percent ad valorem.

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 Paula Ilardi at 212-466-5476.

Sincerely,

Roger J. Silvestri
Director

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