United States International Trade Commision Rulings And Harmonized Tariff Schedule

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Ruling Form Letter : Basic Ruling Replace asterisks with text as indicated.

Insert 6digit ruling number: PD F83838

Type date, centered, two lines below ruling number. Use full text format: "September 1, 1995":March 15, 2000

Insert 2digit chapter number for first classification, local filing code, 3digit attorney number, skip space and insert 6digit ruling number:CLA-2-73:RR:NC:MM:C26 F83838

CATEGORY: CLASSIFICATION MARKING

List all 10digit tariff numbers, separated by a semicolon and a space. Example of format: 5810.10.0000. All numbers listed must match numbers found in body of ruling letter:TARIFF NO.: 7307.99.5045; 7307.29.0090; 7307.93.3000; 7307.23.0000

Insert name and address:Mark Fortier, Customs Consultant Can-Tran International Inc.
7127 Sparrow Drive
Luduc, Alberta Canada T9E 4H3

Briefly describe goods and country of origin:RE: The tariff classification and country of origin marking of access fitting bodies of iron or steel from Canada.

Repeat addressee name (omit first name):Dear Mr. Fortier:

Add date of inquirer's letter. If it wasn't dated say "in your undated letter received on (date)". If inquiry was by broker or attorney on behalf of client, add "on behalf of (client name)": In your letter dated February 10, 2000 you requested a tariff classification and country of origin marking ruling.

Describe good in sufficient detail that anyone could classify it down to the tendigit level. Include pertinent specifications, lab report results etc.: You state that the fitting bodies are made from carbon and stainless steel that originates in Canada. After importation the fitting bodies are further manufactured and assembled into completed access fitting assemblies. The complete assemblies are used in a variety of industries, to obtain access to piping systems for corrosion monitoring and control.

You have submitted two samples for consideration. The first sample is a fitting body, which is flanged on one end and has female and male threads on the opposite end. Holes are drilled into the flanged end. The flanged end will be bolted to a piping system. On the threaded end, the female threads of the fitting body will be connected to a male threaded plug body and a nut will be fastened to the exterior to complete the connection to the plug assembly. An optional protective cover can be attached over the male threads.

The second sample is threaded on one end in the same manner as the first sample. The other end is square cut. The square cut end will be butt welded to the piping system.

Indicate reference to good (style number product code, etc.), 10digit tariff number, full tariff language for that tariff number, and duty rate: The applicable subheading for the flanged carbon steel fitting body will be 7307.99.5045, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example couplings, elbows, sleeves), of iron or steel, other, other, of iron or nonalloy steel, other. The rate of duty will be 4.3%. If the fittings are determined to be eligible for NAFTA preferential tariff treatment, the rate of duty will be free.

The applicable subheading for the flanged stainless steel fitting body will be 7307.29.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, of stainless steel, other, other. The rate of duty will be 5%. If the fittings are determined to be eligible for NAFTA preferential tariff treatment, the rate of duty will be free.

The applicable subheading for the square cut carbon steel fitting body will be 7307.93.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example couplings, elbows, sleeves) of iron or steel, other, butt welding fittings, with an inside diameter of less than 360mm, of iron or nonalloy steel. The rate of duty will be 6.2%. If the fittings are determined to be eligible for NAFTA preferential tariff treatment, the rate of duty will be free.

The applicable subheading for the square cut stainless steel fitting body will be 7307.23.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tube or pipe fittings (for example couplings, elbows, sleeves) of iron or steel, other, of stainless steel, butt welding fittings. The rate of duty will be 5%. If the fittings are determined to be eligible for NAFTA preferential tariff treatment, the rate of duty will be free.

Section 304 of the 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 United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or container) will permit in such a manner as to indicate to the ultimate purchaser the English name of the country of origin the article. The regulations implementing the requirements and exceptions to 19 U.S.C. 1304 are set forth in Part 134, Customs regulations (19 CFR 134).

The country of origin marking requirements for goods of a NAFTA country are determined in accordance with Annex 311 of the North American Free Trade Agreement, as implemented under the North American Free Trade Implementation Act (Public L. 103-182,107 Stat.437 (December 8, 1993)). The marking rules used for determining whether a good is a good of a NAFTA country are contained in the Customs Regulations set forth in 19 CFR Part 102. The marking requirements for these goods are set forth in Part 134, Customs Regulations.

Pursuant to section 102.11a(2) of the regulations, the country of origin of the access fitting bodies is Canada for the purposes of country of origin marking. The fitting bodies must be marked to indicate that Canada is their country of origin in accordance with special marking requirements for pipe, tube and pipe fittings set forth in 19 U.S.C. 1304(c).

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 the-mold lettering, etching, engraving, or continuous paint stenciling.

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 this ruling, contact Field National Import Specialist Teresa A. Honan at (716) 646-3400 extension 202. Your samples will be returned to you under separate cover.

Sincerely,

Type name of Port Director and Port: Joseph J. Wilson Port Director

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See also:

• Tariff No.: 5810.10.00 - Embroidery in the piece, in strips or in motifs, without visible ground
• Tariff No.: 7307.23.00 - Stainless steel, not cast, butt welding fittings for tubes/pipes
• Tariff No.: 7307.29.00 - Stainless steel, not cast, fittings for tubes/pipes, nesoi
• Tariff No.: 7307.93.30 - Iron or nonalloy steel, not cast, butt welding fittings for tubes/pipes, w/inside diam. less than 360mm
• Tariff No.: 7307.99.50 - Iron/steel (o/than stainless), n/cast, fittings for tubes/pipes, nesoi, not forged or forged and machined, tooled & processed after forging