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NY F80733




January 6, 2000

CLA-2-73:RR:NC:1:117 F80733

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.1000

Ms. Linda Quinn
Lynx International, Inc.
1942 Shawnee Road
Eagan, Minnesota 55122

RE: The tariff classification of steel tubes from Mexico.

Dear Ms. Quinn:

In your letter dated November 18, 1999 on behalf of Chemsico, Division of United Industries, you requested a tariff classification ruling. You also ask about country of origin marking requirements. Representative samples of the products to be imported were submitted with your request.

The products to be imported are welded circular Grade 1010 or 1020 nonalloy steel tubes measuring approximately 54 inches in length and ¾ inch in outside diameter. The tubes have a wall thickness of 0.045 inch. The ends of the tubes may be either straight cut or angle cut. After importation, these tubes will be manufactured into tiki torches.

The applicable subheading for the steel tubes will be 7306.30.1000, 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 general rate of duty will be 3.2 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country or origin of the article.

19 U.S.C. 1304(c)(1) requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, 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 an article, it is technically or commercially infeasible to mark 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.

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

You are also concerned about the possibility of antidumping issues. Attached is some general information on antidumping case A 201-805 on circular welded nonalloy steel pipes and tubes. We strongly urge you to contact your local Customs port to obtain the most recent information on any relevant antidumping and/or countervailing duty cases.

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 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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