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NY A88553



October 28, 1996

CLA-2-73:RR:NC:1:117 A88553

CATEGORY: CLASSIFICATION

TARIFF NO.: 7304.10.10; 7305.11.10; 7305.12.10; 7305.19.10; 7306.10.10

Mr. John D. Kenyon
United Pipelines Limited
St. James Court
Wilderspool Causeway
Warrington
England WA4 6PS

RE: The tariff classification of clad steel line pipe from Germany.

Dear Mr. Kenyon:

In your letter dated October 8, 1996, you requested a tariff classification ruling. Descriptive literature was submitted with your request.

The products to be imported, described as bi-metal or "BUBI" line pipes, are clad pipes consisting of an outer pipe and inner pipe or liner and are produced by Butting of Germany. The pipes range in size from 114.3 mm to 762.0 mm in outside diameter. The outer pipe, made of carbon steel, may be seamless or welded and is made to API Spec 5L, Grades X52, X60, X65 and X70. The wall thickness varies from 7.0 mm upwards depending on design with a recommended minimum wall thickness of 2.5 mm for the liner. The cladding material (inner pipe or liner) may be stainless steel or nickel alloy. In producing the "BUBI" pipe, the corrosion resistant inner pipe is telescopically aligned inside the carbon steel pipe and expanded by an expansion and calibrating press. This technique achieves a tight mechanical bond between the inner and outer pipes. Generally, the carbon steel outer pipe is intended to control the internal pressure and the liner is used to protect against corrosion. The outer carbon steel pipe predominates by weight over the inner stainless steel or nickel alloy liner.

The applicable subheading for the seamless line pipe will be 7304.10.10, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hollow profiles,
seamless, of iron or steel, line pipe of a kind used for oil or gas pipelines, of iron or nonalloy steel. The rate of duty will be 6.4 percent ad valorem.

Classification of welded line pipe having an outside diameter exceeding 406.4 mm depends on how the pipe is welded. The applicable subheading for longitudinally submerged arc welded pipe will be 7305.11.10, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, line pipe of a kind used for oil or gas pipelines, longitudinally submerged arc welded, of iron or nonalloy steel. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for other longitudinally welded pipe such as ERW pipe will be 7305.12.10, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, line pipe of a kind used for oil or gas pipelines, other, longitudinally welded, of iron or nonalloy steel. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for spirally or helically welded pipe will be 7305.19.10, HTS, which provides for other tubes and pipes (for example, welded, riveted or similarly closed), having circular cross sections, the external diameter of which exceeds 406.4 mm, of iron or steel, line pipe of a kind used for oil or gas pipelines, other, of iron or nonalloy steel. The rate of duty will be 1.5 percent ad valorem.

The applicable subheading for the welded line pipe having an outside diameter of 406.4 mm or less will be 7306.10.10, HTS, which provides for other tubes, pipes and hollow profiles (for example, open seamed or welded, riveted or similarly closed), of iron or steel, line pipe of a kind used for oil or gas pipelines, of iron or nonalloy steel. The rate of duty will be 1.5 percent ad valorem.

Enclosed is a copy of the HTS Section XV legal notes. See Note 7 regarding the classification of composite articles.

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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