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

Ms. Heather L. Stimetz
CBC Customhouse Brokers, Inc.
143 N. Bloomingdale Road
Bloomingdale, IL 60108

RE: The tariff classification of a nail with an attached rubber washer from China.

Dear Ms Stimetz:

In your letter dated May 28, 2010, on behalf of XL Screw Corporation, you requested a tariff classification ruling.

You describe the submitted sample as a nail with a rubber washer attached. It consists of a 1 ½” long galvanized steel nail with an annular grooved shank. You have stated that the nail is mainly used in roofing and siding.

The applicable subheading for the nail with the attached rubber washer will be 7317.00.7500, 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 two or more pieces. The duty rate will be free.

Your suggested classification, subheading 7317.00.5570, HTSUS, was deemed incorrect. This nail, consisting of two pieces, is more specifically provided for in 7317.00.7500, HTSUS.

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/.

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”).

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