The tariff classification of ERW pipe from Mexico

N259920 December 30, 2014 CLA-2-73:OT:RR:NC:1:117 CATEGORY: Classification TARIFF NO.: 7306.30.5055; 7306.30.5090 Mr. Raul Figueroa Raul Figueroa C.H.B. 1506 Veterans Blvd., Suite A Eagle Pass, TX 78852 RE: The tariff classification of ERW pipe from Mexico Dear Mr. Figueroa: In your letter dated December 5, 2014 you requested a tariff classification ruling on behalf of your client, Pytco, S.A. The product under consideration is described as nonalloy Electric Resistance Welded (ERW) pipe. You state that the ERW pipe is made to both ASTM A53, the standard specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless and ASTM A500, the standard specification for Cold-Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes. The pipe has outside diameters ranging from 3.5 inches (88.89 mm) to 10.75 inches (273.05 mm) and wall thicknesses ranging from .188 inch (4.77 mm) to .365 inch (9.7 mm). It will have beveled or plain ends and will either be varnished (non-metallic coating) or not coated (bare). In your letter, you indicate that the pipe made to ASTM A53 will be used in pressure applications (steam, water, gas, air) while the pipe made to ASTM A500 will be used for signs and structures. The applicable subheading for the nonalloy ERW pipe made to either ASTM A53 or A500 and having a wall thickness of 114.3 mm or less will be 7306.30.5055, Harmonized Tariff Schedule of the United States (HTSUS), 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, other, other. The rate of duty will be free. The applicable subheading for the nonalloy ERW pipe made to either ASTM A53 or A500 and having a wall thickness more than 114.3 mm will be 7306.30.5090, HTSUS, 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 exceeding 114.3 mm but not exceeding 406.4 mm, other. The rate of duty will be free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The ERW pipe in question may be subject to antidumping or countervailing duties. 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 and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://addcvd.cbp.gov/. 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 Mary Ellen Laker at mary.ellen.laker@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division