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NY J81431




March 20, 2003

CLA-2-73:RR:NC:1:117 J81431

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.1000; 7306.30.5032; 7326.90.8587

Mr. Andrew Vieira
A.N.K. Enterprises, Inc.
13370 S.W. 131 Street, Unit 112
Miami, Florida 33186

RE: The tariff classification of steel pipes for fence posts from Venezuela, India and Malaysia.

Dear Mr. Vieira:

In your letter dated February 18, 2003, you requested a tariff classification ruling.

The products to be imported are welded galvanized steel tubes ranging from 1 1/3 inches to 2 3/8 inches in diameter, from 0.035 inch to 0.322 inch in wall thickness and from 5 feet to 24 feet in length. You state that these steel tubes will be as fence posts. Some of the tubes are swaged or bent inward to avoid the use of fence fittings. Other tubes have plain ends.

The applicable subheading for the plain end welded galvanized steel tubes having a wall thickness that measures 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 0.8 percent ad valorem.

The applicable subheading for the plain end welded galvanized steel tubes having a wall thickness that measures 1.65 mm or more will be 7306.30.5032, 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, with an outside diameter not exceeding 114.3 mm, galvanized, other. The rate of duty will be 0.2 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 7306.30.5032, 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 9903.73.85 which currently carries an additional 12 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 73 numbers listed above. Plain end welded galvanized steel tubes which are products of India and Venezuela, however, would be exempted from these additional tariffs by U.S. Note 11 (d), Subchapter III, Chapter 99. A copy of this note is attached.

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.

The applicable subheading for the welded galvanized tubes that are swaged or bent inward to avoid the use of fence fittings will be 7326.90.8587, HTS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.

Articles classifiable under subheading 7326.90.8587, HTS, which are products of India and Venezuela may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on “CEBB”, click on “Files”, click on “Search” and then enter a key word search for the term “T-GSP”.

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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