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NY J82219




April 11, 2003

CLA-2-73:RR:NC:1:117 J82219

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.50

Ms. Barbara Stegemann
Buckland Global Trade Services Inc.
2321 Pine Grove Avenue, Suite 2117
Port Huron, Michigan 48060

RE: The tariff classification of steel tubes from India.

Dear Ms. Stegemann:

In your letter dated January 6, 2003 on behalf of Summo Steel Distribution, you requested a tariff classification ruling. You were asked to submit representative samples of the product to be imported which we received March 18, 2003.

The products to be imported are welded nonalloy steel tubes produced in India and shipped to Canada where they are cut to length and chamfered on the ends. The tubes are made to ASTM Specification A 513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing. One representative sample measures 12.62 mm in outside diameter, 2.03 mm in wall thickness and 164 mm in length. The second sample measures 15.78 mm in outside diameter, 2.315 mm in wall thickness and 248 mm in length. Noting the submitted drawings, these tubes are processed after importation by either slotting and machining the ends or by bending the tubes and slotting and machining the ends. They will ultimately be used as transmission shift levers for use in the OEM manufacture of automobiles. You refer to these tubes as blanks and suggest that they should be classified as parts and accessories of motor vehicles in subheading 8708.99.8080.

HTS General Rule of Interpretation (GRI) 2. (a) states that any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as entered, the incomplete or unfinished article has the essential character of the complete or finished article. The Explanatory Notes to GRI 2 (a) state that the provisions of this Rule also apply to blanks unless these are specified in a particular heading. The term “blank” means an article, not ready for direct use, having the approximate shape or outline of the finished article or part, and which can only be used, other than in exceptional cases, for completion into the finished article or part. Semi-manufactures not yet having the essential shape of the finished articles [such as is generally the case with bars, discs, tubes (emphasis supplied), etc.] are not regarded as “blanks”.

Noting the foregoing and noting that these tubes are made to a standard specification for mechanical tubing, this office is of the opinion that the subject tubes do not, at the time of importation, have the essential character of the finished article.

The applicable subheading for the welded nonalloy steel tubes will be 7306.30.50, 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 1.65 mm or more, 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 subheading 7306.30.50, unless specifically excluded, are subject to additional duties. See subheadings 9903.73.74 through 9903.73.86, copy attached. The welded nonalloy steel tubes you plan to import, which are products of India, would be exempted from these additional tariffs and quotas by U.S. Note 11 (d), Subchapter III, Chapter 99. You should, however, 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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