CLA-2-73:OT:RR:NC:1:118

Mr. Richard S. Brown
Globe Express Services, Ltd.
1800 Associates Lane, Suite E
Charlotte, NC 28217

RE: The tariff classification of a nail/tack/brad assortment from China.

Dear Mr. Brown:

In your letter, received by this office on June 12, 2009, you requested a tariff classification ruling on behalf of your client, Liberty Hardware MFG Corp.

You describe the submitted sample, item #085 03 3365, Liberty part #129729, as a Nail/Tack/Brad Assortment. The sample consists of a total of 750 pieces packaged for retail sale in a clear clamshell blister plastic molded package. The package is labeled “Project Basics” and has 7 compartments containing each of the following: 50 thumb tacks 91 wire nails (19 gauge x ¾” long) 146 wire brads (17 gauge x ¾” long) 146 wire brads (15 gauge x 1 ½” long) 166 tacks (19 gauge x 3/8” long) 50 upholstery tacks (17 gauge x ½” long) 101 paneling nails (15 gauge x 1” long) All of the items are zinc plated steel, except for the thumb tacks which are brass plated steel.

The applicable subheading for the Nail/Tack/Brad Assortment will be 7317.00.5519, 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 construction: made of round wire: other: with a length of less than 25.4 mm and with a diameter of less than 1.65mm. The duty rate 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 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 Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division