CLA-2-83:OT:RR:NC:N1:121
Mr. Sam Walters
JKL Manufacturing Corporation
6300 Hwy 177 South
Sulphur, OK 73086
RE: The tariff classification of an aluminum and steel peel rivet from China
Dear Mr. Walters:
In your letter dated November 21, 2017 you requested a tariff classification ruling.
The merchandise under consideration is a blind rivet. The rivet is made of aluminum, and the mandrel is made of steel. According to your documentation, the rivet sleeve is 1/4" in diameter and the flange is ½” in diameter. The grip range is 1/32” - 9/64”. This rivet is used by the automotive industry; its main function is to fasten a window regulator motor to the door of an automobile.
We disagree with your proposed classification of 7616.10.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other articles of aluminum: Nails, tacks, staples (other than those of heading 8305), screws, bolts, nuts, screw hooks, rivets, cotters, cotter pins, washers and similar articles: Rivets. The Explanatory Notes to heading 76.16 state that “This heading covers all articles of aluminium other than those covered by…articles specified or included in Chapter 82 or 83 or more specifically covered elsewhere in the Nomenclature.” The Explanatory Notes 83.08(b) states that heading 8308 “includes tubular rivets of all kinds… The heading also covers break mandrel blind rivets…”
The applicable subheading for the aluminum and steel peel rivet will be 8308.20.6000, HTSUS, which provides for Clasps, frames with clasps, buckles, buckle clasps, hooks, eyes, eyelets and the like and parts thereof, of base metal, of a kind used for clothing, footwear, awnings, handbags, travel goods or other made up articles; tubular or bifurcated rivets of base metal; beads and spangles of base metal: Tubular or bifurcated rivets: 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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division