CLA-2-73:OT:RR:NC:N1:121
Joel Montero
Dantzler, Inc.
54 SW 6 Street, Suite 200
Miami, FL, 33130
RE: The tariff classification of steel fasteners and wire from China
Dear Mr. Montero:
In your letter dated March 6, 2019, you requested a tariff classification ruling. This office has examined the samples you submitted and will return them as requested.
The articles under consideration are various nails, staples and wire.
The first article is identified as steel, hot-dipped galvanized (HDG) common nails. These nails are of one piece construction, made of round wire, not collated, have a smooth shank, are galvanized, and measure 16D x 8 gauge (3.50 inches long by approximately .1620 inches diameter); and 20D x 6 gauge (4 inches long by approximately .1920 inches diameter).
The second article is identified as steel HDG U-type staples. The staples are of one piece construction, made of round wire, not collated, have a smooth shank, are galvanized, and measure 1¼ to 2 inches long by 3.77 mm diameter.
The third article is identified as steel HDG umbrella head roofing nails. The nails are of one piece construction, made of round wire, not collated, have a spiral shank and an umbrella-shaped (convex) head. The umbrella head roofing nails measure 2½ inches long by 9 gauge (approximately .1483 inches diameter).
The fourth article is identified as steel, bright cut masonry nails. The nails are of one piece construction, are not made of round wire, are cut, and measure 6D (2 inches long), 8D (2 ½ inches long), 10D (3 inches long) and 20D (4 inches long).
The fifth article is identified as steel HDG roofing nails. The samples are of one piece construction, made of round wire, have a smooth shank, and are of various lengths and diameters; and various coatings.
The last article under consideration is identified as 3.5-pound coils of Q195/Q235 black annealed wire, size 16.5 gauge.
The applicable subheading for the common nails, staples and umbrella head roofing nails will be 7317.00.5530, 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 of construction: Made of round wire: Other: Other: Smooth shank: Coated, plated or painted: Galvanized. The general rate of duty is free.
The applicable subheading for the cut masonry nails will be 7317.00.6530, 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: Other: Cut. The rate of duty will be free.
The instant steel common nails, staples, convex nails and cut masonry nails may be subject to anti-dumping and countervailing duties (AD/CVD) for certain steel nails from China. 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 https://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/.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 7317.00.5530 or 7317.00.6530, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7317.00.5530 or 7317.00.6530, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
Your inquiry does not provide enough information for us to give a classification ruling on the HDG roofing nails and the black annealed wire.
Regarding the HDG roofing nails: Please clarify the length, shank and head diameters, and coatings (if any) for each of the articles you would like classified. The submitted samples did not appear to match the 2 sizes you listed on your ruling request. Additionally, it appeared as though some of the samples were galvanized and some were not. Please clarify.
Regarding the 16.5 gauge black annealed wire in coils, please state the diameter in mm and provide the exact chemistry of this merchandise when comprised of either grade of steel. In addition, furnish a step-by-step explanation of the entire manufacturing process. Has the wire been hot-rolled, cold-rolled, cold-drawn, etc.? When does the annealing take place? Is this merchandise made to any ASTM specification(s)? Based on the submitted photos, the wire is imported as tie wire. Is this correct? Is all of the subject wire being marketed this way? If not, please explain.
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