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NY I88474




December 16, 2002

CLA-2-73:RR:NC:1:117 I88474

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.99.5045

Mr. Paul Vroman
Danzas AEI Intercontinental
2660 20th Street
Port Huron, MI 48060

RE: The tariff classification of steel pipe fittings from Finland, Germany and Italy.

Dear Mr. Vroman:

In your letter dated November 11, 2002 on behalf of Wartsila N.A., Inc., you requested a tariff classification ruling. A catalogue and samples of the products to be imported were submitted with your request.

Several types of pipe/tube fittings will be imported. Each fitting is designated by material # /part #. Drawings illustrating where each fitting will be used were also submitted. The fittings include T-unions designated as 006230101/228 212, straight unions designated as 006230216/156 155, male stud unions designated as 006230058/156 072 and 006230058/228 174 and angle unions designated as 006230535/228 105. Noting the submitted drawings, the fittings at issue connect the bores of two tubes together or connect a tube to some other apparatus. You suggest that these pipe/tube fittings are classifiable as parts of engines under HTS subheading 8409.99.9290. Articles of heading 7307 are considered, throughout the tariff schedule, as “parts of general use”. See Section XV Note 2. (a). Section XVI (which includes Chapter 84) Note 1. (g) states that this section does not cover parts of general use, as defined in note 2 to section XV, of base metal.

The applicable subheading for the steel union fittings 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, other, of iron or nonalloy steel, other. 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 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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