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

Mr. Chandan Jhunjhunwala
Icon Exim Inc.
4080 Lafayette Center Drive
Suite 340
Chantilly, VA 20147

RE: The tariff classification of threaded foundation rods from China. Correction to Ruling Number N071876.

Dear Jhunjhunwala:

This replaces Ruling Number N071876, dated August 14, 2009, which contained a clerical error. The tenth digit of the stated subheading for the carbon steel threaded rod was incorrectly noted. A complete corrected ruling follows.

In your letter dated August 12, 2009, you requested a tariff classification ruling.

You have described the instant merchandise as foundation threaded rods used in construction foundations. You have stated that these carbon steel rods are straight and fully threaded. They measure ½ inch in diameter and 12 feet long.

The applicable subheading for the steel threaded foundation rods will be 7318.15.5056, Harmonized Tariff Schedule of the United States (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: other screws and bolts, whether or not with their nuts or washers: studs: other: continuously threaded rod: other. The duty rate will be free.

In your ruling request, you suggested classifying the steel threaded foundation rods under 7318.15.5050, HTSUS. That subheading was replaced by 7318.15.5051 and 7318.15.5056, HTSUS, on July 1, 2009. Accordingly, your suggested classification would be incorrect.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (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 http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). 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