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NY I85912




October 7, 2002

CLA-2-73:RR:NC:1:117 I85912

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.29.0090; 7307.99.5045; 4016.93.5050; 3926.90.4590

Mr. Volker Eynck
Jacob Tubing, L.P.
3948 Willow Lake Blvd.
Memphis, TN 38118

RE: The tariff classification of pipe fittings and gaskets from Germany.

Dear Mr. Eynck:

In your letter dated August 8, 2002, you requested a tariff classification ruling.

The products to be imported are various components of modular tubing systems using a quick-connect clamping system with pull ring connectors. The components of this system include carbon steel and stainless steel laterals, tees and bends and pull rings into which gaskets are inserted. The gaskets are made of the following materials: nitrile butadiene rubber (NBR), ethylene propylene diene monomer (EPDM), silicone and Viton. The laterals, tees and bends are flared on the ends and are connected to tubular components by means of the pull rings. Bolts are used to secure the connection.

The applicable subheading for the stainless steel laterals, tees, bends and pull rings 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 percent ad valorem.

The applicable subheading for the carbon steel laterals, tees, bends and pull rings will be 7307.99.5045, HTS, which provides for tube or pipe fittings (for example, couplings, elbows, sleeves), of iron or steel, other, other, other, of iron or nonalloy steel, other. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the NBR and EPDM gaskets will be 4016.93.5050, HTS, which provides for other articles of vulcanized rubber other than hard rubber: gaskets, washers and other seals: other, other. The rate of duty will be 2.5 percent ad valorem.

The applicable subheading for the silicone and Viton gaskets will be 3926.90.4590, HTS, which provides for other articles of plasticsgaskets, washers and other sealsother. The rate of duty will be 3.5 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 7307.99.5045, 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.

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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