CLA-2-82:OT:RR:NC:N1:118
Ms. Cynthia Lewandowski
SEKO Worldwide
6800 S. Cypress
Romulus, MI 48174
RE: The tariff classification of a steel lug wrench from China.
Dear Ms. Lewandowski:
In your letter dated September 12, 2008, on behalf of Dura Automotive, you requested a tariff classification ruling.
You have requested a classification ruling for steel tubes and shafts of various lengths and sizes, steel bearings of various sizes, steel screws and hex nuts, nylon trunk organizers and a steel lug wrench for wheel lug nuts that is part of the jack handle. You have stated that the sole purpose of the goods is to remain in the trunk of the vehicle to be used in an emergency to change automobile tires. You have advised this office that these items are imported as individual components. After importation, these items will be combined to make up sets of trunk organizers. It is your position that the components should be classified within subheading 8708.28.5060, Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the lug wrench will be 8204.11.0060, HTSUS, which provides for hand-operated spanners and wrenches (including torque meter wrenches but not including tap wrenches); socket wrenches, with or without handles, drives and extensions; base metal parts thereof: hand-operated spanners and wrenches, and parts thereof: nonadjustable, and parts thereof: other (including parts). The rate of duty will be 9% 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/.
Consideration was given to classifying the lug wrench within subheading 8708.28.5060, HTSUS, as you suggested, however, section XVII, note 2(c) excludes articles of chapter 82 (tools) from being classified as a part or part and accessory of items within section XVII.
The following information is needed for the other items within your request in order for us to issue a ruling.
Steel tubes and shafts of various lengths and sizes:
You have stated that the steel tubes are pieces used to form the handle of the jack:
What type of steel are the tubes made of (iron or non-alloy steel or alloy steel)?
Provide the chemical composition
Are the tubes made to an ASTM specification?
Are they straight lengths?
What are the dimensions (outside diameter, wall thickness, length)?
Are the tubes seamless or welded?
Steel bearings of various sizes:
You have stated that the purpose and function of the bearings is for use in the assembly of the automotive jack. It is stated that the unthreaded hex components are used in the assembly of the handle to form the jack.
What type of bearing is it (ball, roller, combination ball/roller or roller/roller, housed)?
If ball bearing, then indicate whether integral shaft (provide outside diameter), thrust, linear, angular contact, radial (provide outside diameter in millimeters).
If roller bearing, then indicate whether spherical, tapered (provide outside diameter of cup in millimeters, needle (provide length and diameter of rolling element in millimeters), cylindrical (provide length and diameter of rolling element in millimeters). Are the roller bearings linear?
If housed bearing, then indicate type of housing and type of bearing incorporated.
If plain shaft bearing, then indicate if bearings are housed or unhoused and whether bearings are spherical or not.
Steel screws and hex nuts:
Provide samples of the screws and hex nuts (in their condition as imported) along with the dimensions. Include diameter and threads per inch.
Nylon Trunk organizers:
You have stated that there will be two organizers. Part 006805 is made of 600*300 denier polyester with PVC backing. Part number 006378 is made of synthetic carpet produced from 600*300 denier polyester. Pictures have been provided.
Provide a sample of each organizer.
If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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 Kathy Campanelli at (646) 733-3021.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division