CLA-2-39:OT:RR:NC:SP:221
Mr. Stuart Buckley
Filtrona PLC
Avebury House
201-249 Avebury Boulevard
Central Milton Keynes, MK9 1AY, United Kingdom
RE: The tariff classification of bonding pads, bushings, rivets, rivet tools and tensioning tools from various countries in the European Union.
Dear Mr. Buckley:
In your letter dated July 2, 2008, you requested a tariff classification ruling.
Representative samples of series 169, 437 and 093 were included with your request. The products in series 169 are flat, pressure sensitive strips and discs of foamed plastics. They are suitable for a wide variety of bonding applications. The products in series 437 are snap fit bushings made from nylon plastic. The bushings fit into panel holes to protect against the rough edges inside the holes. The products in series 093 consist of push-in rivets made of nylon plastic. The rivets are inserted by means of rivet hand tool item 112. The edges of the rivets spread out to form a secure connection. Item 111 is a tensioning/cutting tool for quick fastening and cutting of tie wraps.
The samples are being returned as you requested.
The applicable subheading for the adhesive pads, series 169, will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls…other…other. The rate of duty will be 5.8 percent ad valorem.
The applicable subheading for the snap fit bushings, series 437, and the push-in rivets, series 093, will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other.
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 http://www.usitc.gov/tata/hts/.
Your inquiry does not provide enough information for us to give a classification ruling on the tensioning tool, series 111, or the rivet hand tool, series 112. In your letter you suggest classifying these two tools in subheading 8207.30.60, HTSUS, which provides for Interchangeable tools for hand tools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof. As defined in the Explanatory Notes to heading 82.07, “… this heading covers an important group of tools which are unsuitable for use independently, but are designed to be fitted, as the case may be, into: (A) hand tools, whether or not power-operated (e.g., breast drills, braces and die-stocks), (B) machine-tools, of headings 84.57 to 84.65, or of heading 84.79 by reason of Note 7 to Chapter 84, (C) tools of heading 84.67. The tools in question do not meet the above cited requirements for classification in heading 8207, HTSUS. Rather, these are “hand tools ready for use as they stand”. Thus, subheading 8207.30.60, HTSUS, would not be applicable.
Your request for a classification ruling on the tensioning tool and the rivet hand tool should include a sample of each product. For each tool, identify the material that comprises the working edge or working surface. Include descriptive literature and instructions for each tool. Specify whether item 111 performs a wrapping, baling or banding function or whether it functions strictly as a cutting tool. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 Joan Mazzola at 646-733-3023.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division