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NY I80636




May 3, 2002

CLA-2-73:RR:NC:1:117 I80636

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.1000; 7306.30.5015

Ms. Susan Miller
Plymouth Tube Co.
29W150 Warrenville Rd.
P.O. Box 768
Warrenville, Illinois 60555

RE: The tariff classification of steel tubes from Europe and South America.

Dear Ms. Miller:

In your letter dated March 26, 2002, you requested a tariff classification ruling.

The products under consideration are welded cold-drawn Grades 1010, 1020 and 1026 nonalloy steel tubes made to ASTM Specification A 513, Type 5. ASTM Specification A 513 is the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing. Type 5 is mandrel drawn tubing. The DOM (drawn over mandrel) mechanical tubing ranges from 0.250 inch through 1.375 inches in outside diameter and from 0.028 inch through 0.120 inch in wall thickness.

The applicable subheading for the welded cold-drawn nonalloy steel tubes having a wall thickness of less than 1.65 mm 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 rate of duty will be 1.6 percent ad valorem.

The applicable subheading for the welded nonalloy steel tubes having a wall thickness of 1.65 mm or more will be 7306.30.5015, 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 1.65 mm or more, other, other, cold-drawn. The rate of duty will be 0.4 percent ad valorem.

On March 5, 2002, President Bush proclaimed additional tariffs and quotas on a number of steel mill products for a period of three years. Products classified under HTS subheadings 7306.30.1000 and 7306.30.5015, unless specifically excluded, are subject to additional duties. See
subheadings 9903.73.74 through 9903.73.86, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.84 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 numbers listed above.

Products of developing countries, as enumerated in U.S. Note 11. (d), Subchapter III, Chapter 99, copy attached, are not subject to these additional tariffs and quotas.

The Proclamation is subject to periodic amendment of the exclusions, and the additional tariffs are reduced in the second and third years of the program, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamation.

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 646-733-3020.

Sincerely,

Robert B. Swierupski
Director,

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