CLA-2-83:OT:RR:NC:N1:121

Mr. John Higinbothom
Newell Rubbermaid
3 Glenlake Parkway
Sandy Springs, GA 30328

RE: The tariff classification of base metal hooks and picture hangers from China

Dear Mr. Higinbothom:

In your letter dated January 26, 2009, on behalf of Bulldog Hardware, you requested a tariff classification ruling. The samples which you submitted are being retained by this office.

The merchandise under consideration is several types of base metal picture hangers. Item number 3506141659 is called “Phantom Hook.” It comes in a package of four and consists of a curved metal wire measuring approximately 6-1/2 inches long with a hook at its end. The wire fits behind a wall with the hook protruding through to the front of the wall. It is installed without tools and holds articles weighing up to 50 pounds.

Item number 3506122370 is called “Drywall 200.” It consists of a hook, an escutcheon and three nails. It is intended to be mounted to a wall without a stud. It holds articles weighing up to 200 pounds.

Item number 3506141621 is called “Walldog Picture Hanger with Hook.” It comes in a package of two; each consisting of a hook and a screw. It can be installed in drywall, plaster, wood studs and brick. It holds articles weighing up to 50 pounds.

Item number 3506141655 is called “Walldog Picture Hanger.” It comes four to a package and consists of a specially designed screw type fastener that can be used on drywall, plaster, wood studs and brick. It holds pictures weighing up to 25 pounds.

The applicable subheading for the Phantom Hook (3506141659) and the Drywall 200 (3506122370) will be 8302.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for base metal mountings, fittings and similar articles…hat-racks, hat pegs, brackets and similar fixtures, and parts thereof. The rate of duty will be free.

The applicable subheading for the Walldog Picture Hanger (3506141655) will be 7318.14.5080, HTSUS, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles, of iron or steel: threaded articles: self-tapping screws: having shanks or threads with a diameter of 6 mm or more: other. The duty rate will be 8.6% ad valorem.

The applicable subheading for the Walldog Picture Hanger with Hook (3506141621) will be 7326.90.8588, HTSUS, which provides for other articles of iron or steel, other, other, other, other, other. The rate of duty will be 2.9 percent ad valorem.

Additional information is required to determine the classification of the Tap N’ Hang (item number 3506141628). Please provide a weight breakdown of the metals that make up this product.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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/.

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 Barbara Kaiser at (646) 733-3024.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division