CLA-2-73:RR:NC:1:118 I88239
Mr. Thomas J. O’Donnell
Rodriguez O’Donnell Ross Fuerst Gonzalez & Williams, P.C.
20 North Wacker Drive
Suite 1416
Chicago, Illinois 60606
RE: The tariff classification of a Spring Blade ( staple and a pneumatic hand-held stapling tool from China or Taiwan.
Dear Mr. O’Donnell:
In your letter dated November 4, 2002, on behalf of your client Evening Star International, Conroe, TX, you requested a tariff classification ruling. The samples that you submitted with your request will be returned to you as requested.
You have described your items as follows:
1) Spring Blade ( staple – used in the construction industry. It is made of steel and used to affix drywall to light gauge steel. It works by penetrating the drywall and then the steel. It contains a twisted and flexible tine that is centrally located. The tine unwinds from its helical configuration (depicted to the right) as it enters the opening created by the point. As the fastener comes to rest, the tine attempts to return to its twisted position, thereby acting as a wedge within the hole. It is approximately 1 ?” long and ?” wide. The top, or head, is bent at a right angle.
2) Pneumatic gun – which is a hand-held stapling gun used to install Spring Blade (
staples. The gun will be used in the same manner as a nail gun. The only modification will be to adjust the drive path to accept the configuration of the drywall staple as opposed to a typical nail.
The applicable subheading for the Spring Blade ( staple will be 7317.00.6560, Harmonized Tariff Schedule of the United States (HTS), which provides for nails, 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: other. The duty rate will be 0.6% ad valorem.
The applicable subheading for the Pneumatic gun will be 8467.19.5060, HTS, which provides for tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: pneumatic: other: other: designed for use in construction or mining. The rate of duty will be free.
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 Kathy Campanelli at 646-733-3021.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division