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NY I81700





May 17, 2002

CLA-2-73:RR:NC:1:117 I81700

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.93.3000; 7307.93.9030

Ms. Carol L. Essenberg
Pro-Fit Piping Components, Inc.
4579 Lewis Road
Stone Mountain, GA 30083

RE: The tariff classification of steel butt weld fittings from Romania.

Dear Ms. Essenberg:

In your letter dated May 1, 2002, you requested a tariff classification ruling.

The products to be imported are carbon (nonalloy) steel butt weld pipe fittings. The butt weld fittings include elbows, caps, concentric reducers and eccentric reducers.

The applicable subheading for the carbon steel butt weld fittings having an inside diameter of less than 360 mm 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 360 mm, of iron or nonalloy steel. The rate of duty will be 6.2 percent ad valorem.

The applicable subheading for the carbon steel butt weld fittings having an inside diameter of 360 mm or more will be 7307.93.9030, 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 360 mm or more, of iron or nonalloy steel. The rate of duty will be 4.3 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 7307.93.3000 and 7307.93.9030, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.88 through 9903.73.95, copy attached. Based upon the description of the merchandise provided in your request, the applicable Chapter 99 subheading is 9903.73.93 which currently carries an additional 13 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 number listed above.

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.

You ask whether butt weld fittings from Romania are exempted from these additional tariffs and quotas by U.S. Note 11. (d) to Subchapter III, Chapter 99. The superior text to subheadings 9903.73.88 through 9903.73.95 indicates that products classified under certain subheadings are covered by additional tariffs and also indicates that products from certain countries are exempt from these tariffs. This text states, in part: “Tube and pipe fittings of iron or steelprovided for in subheading7307.93.307307.93.90other than products of Canada, Israel, Jordan and Mexico and products exempted by U.S. note 11 (d) to this subchapter (except products of India, Romania and Thailand).” The “Products not Excluded” list you received from your broker was incorrect. The word “fittings” should replace the word “flanges” on this list.

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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