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NY K87017




July 9, 2004
CLA-2-73:RR:NC:1:117 K87017

CATEGORY: CLASSIFICATION

TARIFF NO.: 7307.23.0000

Mr. Kandel C. Baxter
American Lamprecht Transport Inc.
2218 Landmeier Road
Elk Grove Village, Illinois 60007

RE: The tariff classification of stainless steel tube fittings from Taiwan.

Dear Mr. Baxter:

In your letter dated June 7, 2004 on behalf of Elite Metal Finishing Services, Inc. (Elite), you requested a tariff classification ruling. Representative samples of the products under consideration were submitted with your request.

The products at issue are stainless steel auto-weld tube fittings used in the pharmaceutical industry. After importation, Elite polishes these sanitary fittings and assembles them with other tubular components in accordance with the ASME standard for bioprocessing equipment.

You express the opinion that since these imported stainless steel auto-weld fittings are bioprocessing equipment components, they should not be classifiable under HTS subheading 7307.23.0000, which provides for stainless steel butt welding fittings.

HTS Section XV Note 2 states that “Throughout the tariff schedule, the expression ‘parts of general use’ means: (a) Articles of heading 7307.” Heading 7307 covers tube or pipe fittings of iron or steel. HTS Section XVI covers machinery and parts (components). Section XVI Note 1 states that “This section does not cover: (g) Parts of general use, as defined in note 2 to section XV, of base metal (section XV).”

In NY ruling 815864 dated November 9, 1995, it was held that certain stainless steel auto-weld fittings are classified under HTS subheading 7307.23.00. A copy of that ruling is enclosed.

The applicable subheading for the subject stainless steel auto-weld tube fittings will be 7307.23.0000, 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, of stainless steel, butt welding fittings. The rate of duty will be 5 percent ad valorem.

It is noted that the submitted sample of the product in its imported condition is not marked with the country of origin.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

19 U.S.C. 1304(c)(1) requires that all pipe (iron, steel, stainless steel), tube and pipe fittings (steel, stainless steel, chrome-moly steel or cast or malleable iron) shall be marked to indicate the proper country of origin by one of five methods, die stamping, cast-in-mold lettering, etching, engraving, or continuous paint stenciling.

19 U.S.C. 1304(c)(2) provides that if, because of the nature of an article, it is technically or commercially infeasible to mark by one of the five prescribed methods, the article may be marked by an equally permanent method of marking or in the case of small diameter pipe, tube or pipe fittings, by tagging the containers or bundles.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

You also express concern as to whether these tube fittings are within the scope of the antidumping orders on stainless steel butt weld fittings from Taiwan. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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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