CLA-2-73:OT:RR:NC:1:118
Mr. Neil Manos
Hulton Tool Company LLC.
414 Irwin Lane
Pittsburgh, PA 15212
RE: The tariff classification of Landscape Nails from China.
Dear Mr. Manos:
In your letter dated January 12, 2013 you requested a tariff classification ruling.
You refer to the four submitted samples as Landscape Nails. The nails are made of steel and used to secure landscape edging. Each nail is of one piece construction and is not galvanized, coated or painted. Two of the nails have smooth shanks, each measuring 10” and 12” long. The other two nails have spiral shanks that each measure 10” and 12” long. You have stated that the nails are driven through specially designed slots in the edging. The edging is then designed to hold pavers that are used in building sidewalks, patios or driveways.
The applicable subheading for the Landscape Nails with the smooth shanks will be 7317.00.5520, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other: of one piece construction: made of round wire: other: other: smooth shank: not coated, plated or painted. The duty rate will be free.
The applicable subheading for the Landscape Nails with the spiral shanks will be 7317.00.5560, HTSUS, which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other: of one piece construction: made of round wire: other: other: other: not coated, plated or painted. The duty rate will be free.
In your ruling request, you suggested classifying the landscape nails under heading 7326, HTSUS, which provides for other articles of iron and steel. Heading 7326 covers a wide range of iron and steel articles that are not more specifically provided for elsewhere in the HTSUS. The nails under consideration are not classifiable in heading 7326 (and therefore subheading 7326.90.8588), HTSUS, because the merchandise is more specifically provided for in another heading of the HTSUS.
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/.
The merchandise in question may be subject to antidumping duties or countervailing duties under AD/CVD case number A-570-909. 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://addcvd.cbp.gov/.
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 Anthony Grossi at (646) 733-3021.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division