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NY B80959



March 21, 1997

CLA-2-73:RR:NC:1:117 B80959

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.1000

Ms. Diana M. de Montemayor
P.O. Box 6001
Laredo, Texas 78042-6001

RE: The tariff classification of steel tubing from Mexico.

Dear Ms. de Montemayor:

In your letter dated December 23, 1996 on behalf of Productos Laminados de Monterrey, you requested a tariff classification ruling. Representative samples were submitted with your ruling request.

The products to be imported are described as nonalloy black steel mechanical tubing, made to ASTM Spec A 513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing. The submitted samples were sent to the New York Customs Laboratory for analysis. According to the laboratory analysis, the welded tubes are composed of unalloyed steel and have the following dimensions:

Average Outside Diameter Wall Thickness
2.254" 0.0368"
2.002" 0.0348"
1.509" 0.0444"
1.126" 0.0463"
0.750" 0.0345"

The applicable tariff provision for the welded nonalloy steel tubes will be 7306.30.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 general rate of duty will be 5.6 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You are concerned as to whether these tubes are covered by the antidumping orders on circular welded nonalloy steel pipe and tube from Mexico, case number A 201-805. The pipes and tubes covered by this order are "generally known as standard pipe". You are correct in noting that certain mechanical tubing is not covered by the order. Based on the laboratory analysis of the representative samples you submitted, these products do not appear to comply with the dimensional requirements for standard pipe. However, if you want a scope ruling on the products you plan to import, such a request must be submitted to the Department of Commerce (DOC), Import Administration. You may wish to contact Mr. Robert La Russa at the DOC for further information.

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,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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