CLA-2-73:OT:RR:NC:1:118
Ms. Raissa Quick
Shamrock International Fasteners
1475 E. Industrial Rd.
Itasca, IL 60143
RE: The tariff classification of a Lower Transport Bolt Assembly from China.
Dear Ms. Quick:
In your letter dated April 4, 2013, you requested a tariff classification ruling.
The submitted sample, Part Number SP009600324-2E3, is described as a Lower Transport Bolt ALT Assembly. The part consists of a steel screw that is threaded through a steel washer and a plastic spacer. The technical drawing submitted for the indent hex washer head screw indicates that it measures M8 – 3.8 x 155 mm. You have stated that the three components are imported assembled together and packaged in a carton. The part is used to secure the tub of a washing machine to prevent it from moving during transport. Once the washing machine arrives at its destination, the part is removed before use.
Part Number SP009600324-2E3 consists of at least two different articles that are, prima facie, classifiable in different subheadings. It consists of articles put up together to carry out a specific activity (fastening/securing). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the part in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. The factor or factors which determine essential character varies with the goods under consideration. Explanatory Note Rule 3(b)(VIII) lists factors such as the nature of the material or component, their bulk, quantity, weight or value and the role of a constituent material in relation to the use of the good. In this case, the screw imparts the essential character of Part Number SP009600324-2E3.
The applicable subheading for Part Number SP009600324-2E3 will be 7318.15.8069, 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: other: having shanks or threads with a diameter of 6 mm or more: other: other: with hexagonal heads: other: other. The duty rate will be 8.5% ad valorem.
In your letter, you suggest classifying Part Number SP009600324-2E3 in subheading 8450.90.6000, HTSUS, which provides for “Household- or laundry-type washing machines, including machines which both wash and dry; parts thereof: Parts: Other”. To be considered a part, an article must be an integral, constituent or component part, without which the article to which it is joined cannot function. The assembly in question does not play an integral role in the washing operation. Indeed, as you indicate in your letter, it must be removed before the washing machine can be used. Thus, classification of Part Number SP009600324-2E3 (W105338711) in subheading 8450.90.6000, HTSUS, would not be appropriate.
Further consideration was given to your other proposed classification of 7318.15.6080, HTSUS, which provides for screws having shanks or threads with a diameter of less than 6 mm. The technical drawing and the sample of the screw indicate that the shank and threaded diameters are over 6 mm. Therefore, classification within 7318.15.6080, HTSUS, would be incorrect.
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/.
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