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NY J81912




March 28, 2003

CLA-2-73:RR:NC:1:117 J81912

CATEGORY: CLASSIFICATION

TARIFF NO.: 7304.90.7000; 7304.90.3000

Mr. Craig M. Schau
Emery Customs Brokers
6940 Engle Road, Suite A
Middleburg Heights, OH 44130

RE: The tariff classification of steel tubing from China.

Dear Mr. Schau:

In your letter dated February 27, 2003 on behalf of Kennametal, Inc., you requested a tariff classification ruling. Two representative samples of the products to be imported were submitted with your request.

The products to be imported are Grade 4130 alloy steel seamless hexagonal tubes. One sample tube has an outside diameter of 1.125 inches and a wall thickness of 0.156 inch; the other sample tube has an outside diameter of 0.875 inch and a wall thickness of 0.1225 inch. These tubes are typically imported in 12-foot lengths.

The applicable subheading for the seamless alloy steel hexagonal tubes having a wall thickness that measures less than 4 mm will be 7304.90.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, having a wall thickness of less than 4 mm, of alloy steel. The rate of duty will be 0.8 percent ad valorem.

If any of the seamless alloy steel hexagonal tubes have a wall thickness that measures 4 mm or more, the applicable subheading will be 7304.90.3000, HTS, which provides for tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel, other, having a wall thickness of 4 mm or more, of alloy steel. The rate of duty will be 0.3 percent ad valorem.

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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