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NY F81955




January 21, 2000

CLA-2-73:RR:NC:1:117 F81955

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.19.90

Mr. Yen Lim
New Centurion Import & Export Ltd.
5379 Bayshore Drive
Nanaimo, B.C. V9V 1R5
Canada

RE: The tariff classification of iron pipe fittings from China.

Dear Mr. Lim:

In your letter dated December 20, 1999, you requested a tariff classification ruling. You also ask about country of origin marking requirements.

The products to be imported are malleable cast iron pipe fittings. You state that the fittings will range in size from 1/8 inch to 6 inches in inside diameter. You don’t provide any information on the type or shape of the fittings or any applicable industry specifications.

The applicable subheading for the malleable cast iron pipe fittings will be 7307.19.90, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, cast fittings, other, other. The rate of duty will be 6.2 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. Attached is some information on what is considered to be small diameter pipe fittings.

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 212-637-7016.

Sincerely,

Robert B. Swierupski
Director,

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