CLA-2-73:OT:RR:NC:N1:121
Mr. Greg Wiener
Quickscrews International Corp.
5830 Las Positas Road
Livermore, CA 94551
RE: The tariff classification of a hanger bolt from China and Taiwan
Dear Mr. Wiener:
In your letter dated July 22, 2016, you requested a tariff classification ruling. Pictures and a catalog of the product were submitted with your request.
The product under consideration is a 5/16” - 18 X 7” stainless steel hanger bolt, identified in your catalog as part number 15685. The hanger bolt has coarse/screw threading and a sharp point at one end and fine/machine threading at the other end. It is used to mount solar panels to roofs.
Pictures of the hanger bolt in use illustrate that the pointed end with coarse threads is torqued into the roof shingles, while the opposite end with machine threads provides a protuberance for the attachment of a bracket-like fitting with the a use of a nut (not included).
You note in your letter that you have classified part number 15685 in subheading 7318.14.1030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-tapping screws of iron or steel. You now propose classification in subheading 7318.15.2091, HTSUS, which provides for bolts and bolts and their nuts or washers entered or exported in the same shipment. We disagree with your proposal based on the following.
The Informed Compliance Publication entitled “What Every Member of the Trade Community Should Know About: Fasteners of Heading 7318” provides the following description of a hanger bolt and a stud:
“A stud is a threaded fastener with one end anchored or fixed in place to provide a projection to which something may be attached by a nut or other fastener. A hanger bolt meets this definition. It has wood screw threading at one end and machine screw threading at the other end. When the hanger bolt is fixed in place, the projection of the machine screw threads allows for something to be attached with the utilization of a nut. A stud can be threaded at each end, be fully threaded or it can have a head….”
The applicable subheading for the stainless steel hanger bolt will be 7318.15.5030, 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: of stainless steel. The duty rate will be free.
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 https://hts.usitc.gov/current.
The stainless steel hanger bolt may be subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (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” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s 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 Barbara Kaiser at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division