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NY I82902




July 2, 2002

CLA-2-73:RR:NC:1:117 I82902

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.91.5010; 7307.91.5050

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

RE: The tariff classification of steel flanges from Romania.

Dear Ms. Essenberg:

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

The products to be imported are carbon steel flanges that have been machined/processed after forging. These flanges have inside diameters ranging from less than 360 mm to more than 360 mm in inside diameter.

The applicable subheading for the carbon steel flanges having inside diameters of less than 360 mm will be 7307.91.5010, 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, flanges, other, with an inside diameter of less than 360 mm, of iron or nonalloy steel. The rate of duty will be 5.5 percent ad valorem.

The applicable subheading for the carbon steel flanges having inside diameters measuring 360 mm or more will be 7307.91.5050, HTS, which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, flanges, other, with an inside diameter of 360 mm or more, of iron or nonalloy steel. The rate of duty will be 5.5 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 subheading 7307.91.50, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.88 through 9903.73.95, copy attached. Note the language in the superior text to
subheadings 9903.73.88 through 9903.73.95 that states “tube and pipe fittings of iron or steelprovided for in subheading 7307.91.50other thanproducts of countries exempted by U.S. note 11 (d) to this subchapter (except products of India, Romania and Thailand).” 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.

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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