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NY J88699




September 25, 2003

CLA-2-73:RR:NC:1:117 J88699

CATEGORY: CLASSIFICATION

TARIFF NO.: 7306.30.5055; 7306.60.5000

Mr. John Alpine
W.E.S.T. Forwarding Services, Inc.
7010 Engle Road, Suite 107
Middleburg Heights, OH 44130

RE: The tariff classification of steel tubes from China.

Dear Mr. Alpine:

In your letter dated September 2, 2003 on behalf of H.P. Products, Inc., you requested a tariff classification ruling. Two representative samples of the products to be imported were submitted with your ruling request.

The products to be imported are nonalloy steel circular and rectangular tubes made to ASTM Specification A 513, the Standard Specification for Electric-Resistance-Welded Carbon and Alloy Steel Mechanical Tubing. These tubes are designated by the following “part numbers”: 699, 34208, 34209, 34654, 34655, 34656 and 34657. These tubes will ultimately be used as automotive suspension components and material handling components. The hot-rolled circular tubes have outside diameters of 0.746” and 1¼”, wall thicknesses of 1.65 mm or more and lengths of 13.618” and 17.866”. The rectangular tubes range in size from 0.787” x 1.34” to 2.500” x 0.950”, have wall thicknesses of less than 4 mm and lengths ranging from 31.25” to 141.653”.

The applicable subheading for the nonalloy steel circular tubes will be 7306.30.5055, 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, other, with an outside diameter not exceeding 114.3 m, other, other. The rate of duty will be 0.2 percent ad valorem.

The applicable subheading for the nonalloy steel rectangular tubes will be 7306.60.5000, 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 noncircular cross section, having a wall thickness of less than 4 mm, of iron or nonalloy steel. The rate of duty will be 0.8 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 7306.30.5055 and 7306.60.5000, 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.

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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