CLA-2-73:OT:RR:NC:N1:117
Ms. Melissa Gamez
Ashley Furniture Industries, Inc.
One Ashley Way
Arcadia, WI 54612
RE: The tariff classification of pre-cut tiewire from China
Dear Ms. Gamez:
In your letter dated July 25, 2016, you requested a tariff classification ruling. Descriptive literature, photos and samples of the pre-cut tiewire were submitted for our review.
The subject merchandise is identified in your letter as plastic coated pre-cut tiewire. Each article consists of a length of solid round steel wire covered with an abrasion resistant polyethylene coating. You indicated in your letter that after the wire is coated with plastic and cooled, it is cut to various lengths and packaged. The lengths of the pre-cut tiewire imported include 16 gauge by 20 inches, 16 gauge by 26 inches, 16 gauge by 46 inches and 16 gauge by 72 inches. The pre-cut tiewire is solely used in seating upholstery units which include sofas, loveseats and chairs. The pre-cut tiewire is fastened to the springs and the primary function of the tiewire is to distribute load/weight throughout the springs. The plastic coating prevents metal to metal contact.
You proposed classification for the pre-cut tiewire in subheading 7217.90.1000, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for wire of iron or nonalloy steel, other, coated with plastics. Based upon our examination of the samples, the pre-cut tiewire does not meet the Note 1 (o) Chapter 72 definition of wire which requires wire classifiable in Chapter 72 to be imported in coils. Since your product is imported cut to length it cannot be classified in subheading 7217.90.1000, HTSUS. The cut to length wire does, however, meet the defition of other bars and rods as defined in Note 1 (m), Chapter 72, HTSUS, which includes wire products not meeting the definition of wire in Note 1 (o), Chapter 72, HTSUS.
The applicable subheading for the plastic coated pre-cut steel tiewire will be 7215.90.5000, HTSUS, which provides for other bars and rods of iron or nonalloy steel other, other. The rate of duty 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.
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 Mary Ellen Laker at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division