The tariff classification of electrical metallic tubing from Korea.

NY I80617 May 10, 2002 CLA-2-73:RR:NC:1:117 I80617 CATEGORY: Classification TARIFF NO.: 7306.30.1000; 7306.30.5028 Mr. Alex Kang Master Customs Service 11099 S. La Cienega Blvd. Suite 245 Los Angeles, CA 90045 RE: The tariff classification of electrical metallic tubing from Korea. Dear Mr. Kang: In your letter dated April 3, 2002 on behalf of MX Enterprise Systems, Walnut, CA, you requested a tariff classification ruling. A representative sample of the product to be imported was submitted with your request. The product to be imported is electrical metallic tubing (EMT), conduit tubing meeting UL 797, Underwriters Laboratories Standard for Electrical Metallic Tubing-Steel. This galvanized ERW nonalloy steel tubing ranges from 0.706 inch to 4.5 inches in outside diameter and has wall thicknesses ranging from 0.042 inch to 0.083 inch. This tubing is coated on the outside and inside. The applicable subheading for the welded galvanized tubing having a wall thickness of less than 1.65 mm will be 7306.30.1000, 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 less than 1.65 mm. The rate of duty will be 1.6 percent ad valorem. The applicable subheading for the welded galvanized tubing having a wall thickness of 1.65 mm or more will be 7306.30.5028, 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 mm, galvanized, internally coated or lined with a non-electrically insulating material, suitable for use as electrical conduit. The rate of duty will be 0.4 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 7306.30.1000 and 7306.30.5028, 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 9903.73.84 which currently carries an additional 15 percent ad valorem tariff. At the time of importation, you must report this Chapter 99 number in addition to the Chapter 72 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. You have also asked whether this product is subject to antidumping or countervailing duties. 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. 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, National Commodity Specialist Division