CLA-2-73:OT:RR:NC:1:118
Ms. Nicole M. Jenkins, Esq.
Crowell & Moring LLP
1001 Pennsylvania Ave. NW
Washington, D.C. 20004
RE: The tariff classification of a union, screw and bolt stud from Japan.
Dear Ms. Jenkins:
In your letter dated August 9, 2010, on behalf of Aisin Holdings of America, Inc., you requested a tariff classification ruling.
You submitted three samples for review. The union (part number 213692-10240) is a small wedge tube made of stainless steel. It is 35 mm long and 6.2 mm in diameter. You state that the purpose of the union is to aid in the attachment of a vulcanized rubber hose to the inlet of a water pump in an automobile engine. The screw (part number 993117-14010) is made of steel with an electroplated zinc coating. It measures M4 x .7 and you state that it has a round head. The bolt stud (part number 213294-16040) is made of alloy steel with zinc plating. It is 39 mm in length and 6 mm in diameter. The bolt stud is partially threaded on either end with a smooth flat portion located closer to one end. You state that it is used in automobiles to fasten the water inlet to the water pump.
The applicable subheading for the bolt stud (part number 213294-16040) will be 7318.15.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: other screws and bolts, whether or not with their nuts or washers: studs: other: other. The duty rate will be free.
The applicable subheading for the screw (part number 993117-14010) will be 7318.15.6080, HTSUS, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: other screws and bolts, whether or not with their nuts or washers: other: having shanks or threads with a diameter of less than 6 mm: other: other. The duty rate will be 6.2% ad valorem.
The applicable subheading for the union (part number 213692-10240) will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other…other. The rate of duty will be 2.9% 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/.
You suggested that the union (part number 213692-102400) be classified under 7307.29.0090, HTSUS. The Explanatory Notes to heading 7307 state that fittings of this heading are mainly used for connecting the bores of two tubes, for connecting a tube to some other apparatus or for closing the tube aperture. Since the subject union is used in conjunction with a hose, classification in 7307 is precluded. Throughout the industry, a tube is defined as being made of a single extruded compound (for example, metal or plastic), as opposed to a hose which is comprised of many materials.
Your suggested classification for the bolt stud (part number 213294-16040) under 7318.15.5051, HTSUS, is incorrect. Although this fastener is more than 80% threaded, it has an unthreaded section which precludes it from being considered continuously threaded.
The bolt stud (part number 213294-16040) may be subject to antidumping duties 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://www.cbp.gov (click on “Import” and “AD/CVD”).
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