CLA-2-83:OT:RR:NC:N1:121
Ms. Kristin M. Parkinson
GEM Products, Inc.
140 Industrial Loop
Orange Park, Florida 32073
RE: The tariff classification of cleats and non-locking latches from China
Dear Ms. Parkinson:
In your letter dated August 26, 2008, you requested a tariff classification ruling. The products at issue are stainless steel deck hardware used in marine applications. They were manufactured by means of a lost wax investment cast process.
The first product is called the “Studded Pull-up Cleat.” The cleat mounts to the deck of a boat to provide a means of attaching lines. It comes in three designs; each design is represented by four model numbers, depending upon size: Sleek (GEM# 68400-ST, 68401-ST, 68402-ST and 68403-ST), Slimline (68001-ST, 68101-ST, 68201-ST and 68301-ST) and Wide Base (68002-ST, 68102-ST, 68202-ST and 68302-ST).
The next product is called the “Stellar Push to Close Slam Latch.” The latch features a spring loaded two-finger pull. It comes in two versions: locking and non-locking. The non-locking version is represented by the following part numbers, depending upon size: 4151-415-16MM, 4151-415-20MM, 4151-410-16MM and 4151-410-20MM.
The third product is called the “Gemini Push to Close Slam Latch.” This latch features a spring loaded two-finger pull. It comes in two versions: locking and non-locking. The non-locking version is represented by the following part numbers, depending upon size: 3151, 3251-SH and 3251-LG.
The fourth product is called the “Gemini Compression Latch.” This latch includes a swing-away cam feature. It comes in two versions: locking and non-locking. The non-locking version is represented by the following part numbers, depending upon size: 3153 and 3253.
The next product is called the “Gemini Push to Close Slam Latch With Adjustable Pawl Grip.” It features a spring loaded two-finger pull. It comes in two versions: locking and non-locking. The non-locking version is represented by the following part numbers, depending upon size: 3155 and 3255.
The next product is called the “Gemini Lift and Turn Latch.” It includes a lift and turn cam feature and comes in two versions: locking and non-locking. The non-locking version is represented by the following part numbers, depending upon size: 1264, 1266, 2266, 3264, 1263 and 1260.
You have proposed classification for the products under heading 7325, HTSUS, which provides for other cast articles of iron or steel. Therefore, the issue is whether the items have been advanced beyond a casting of heading 7325. As to what processes are sufficient to advance an item beyond a casting of heading 7325 is addressed in HQ 963283 dated May 11, 2000, which states "Customs longstanding position on the issue of advancements to castings is that the casting process is considered complete when, after the casting solidifies and cools, surface imperfections are removed by blast cleaning, chipping, burning or combinations of these processes. Certain independent and additional processes not merely incidental to the general foundry work are considered to advance an article beyond casting." As stated in NY G81782, “Once the steel casting is further processed…by machine-lathing to specific size and drilling holes, it has been advanced beyond the definition of cast article as intended by heading 7325, HTS.” Based on our review of the product information, our office has concluded that the items for which you are requesting a ruling have been advanced beyond the cast articles falling in heading 7325, HTSUS.
The applicable subheading for the stainless steel cleats and non-locking latches will be 8302.49.6055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles, other mountings, fittings and similar articles, and parts thereof, other, other, of iron or steel, of aluminum or of zinc, other, for aircraft, vessels and other vehicles (except motor vehicles) of section XVII. The duty rate will be 5.7 percent ad valorem.
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/.
Your inquiry does not provide enough information for us to give a classification ruling on the locking latches, thru hulls, rod holders and deck fills. Your request for a classification ruling should include the following information: a detailed explanation of each product including a description of the product, its purpose, how it operates/functions, and how it mounts to the boat. Please provide a detailed description for each of the locking latches, including the type of lock (cylinder, cam, etc.) and whether it operates by key, combination or electrically. Please submit a sample of the Gemini Lift and Turn Latch and its corresponding Allen style key (style 2363 or 2364). Please specify the type of key used to operate each latch (Allen key vs. toothed key, etc.).
Please limit your ruling to a maximum of five products of the same class or kind. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Barbara Kaiser at (646) 733-3024.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division