The tariff classification of stainless steel tubes from Costa Rica

N296540 May 25, 2018 CLA-2-73:OT:RR:NC:N1:117 CATEGORY: Classification TARIFF NO.: 7306.40.1015 Mr. Paul Vroman DHL Global Forwarding 2660 20th Street Port Huron, MI 48059 RE: The tariff classification of stainless steel tubes from Costa Rica Dear Mr. Vroman: In your letter dated April 30, 2018, you requested a tariff classification ruling on behalf of your client, Rochling Advent Tool and Mold. The products to be imported are type 304 stainless steel tubes of various lengths with wall thicknesses of 0.25 mm and 0.51 mm. These cut-to-length, cold-drawn welded tubes have a cut/flared end and a molded end with holes punched around the circumference. After importation, the tubes are further manufactured into optical trocars used in surgical procedures. In your letter, you propose classification in subheading 9018.90.8000, the Harmonized Tariff Schedule of the United States (HTSUS), as parts of other surgical instruments. We disagree. The stainless steel tubes at the time of importation are incomplete or unfinished articles and do not contain the essential character of the finished parts of the optical trocars. The stainless steel tubes do not qualify as “blanks” for tariff purposes under the General Rule of Interpretation 2(a) and cannot be classified as parts of the optical trocars. The applicable subheading for the stainless steel tubes will be 7306.40.1015, 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 stainless steel, having a wall thickness of less than 1.65 mm, containing more than 0.5 percent by weight of nickel, 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 the World Wide Web at https://hts.usitc.gov/current. On March 8, 2018, President Trump proclaimed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.01 for aluminum. Products classified under HTS subheading 7306.40.1015, unless specifically excluded, are subject to additional duties. At the time of importation, you must report the Chapter 99 number applicable to your product classification in addition to the Chapter 72, 73 or 76 number listed above. The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 numbers. 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, Steven A. Mack Director National Commodity Specialist Division