CLA-2-73:OT:RR:NC:N1:113
Ms. Cindy Kaehler
Fastenal
4730 Service Drive
Winona, MN 55987
RE: The tariff classification of fish tapes from China
Dear Ms. Kaehler:
In your letter dated November 5, 2010, you requested a tariff classification ruling on five styles of fish tapes. Samples of four of the products were submitted for our review. The samples which you provided are being returned to you as requested.
The products to be imported are identified as fish tapes. You state in your letter that the fish tapes are “used in the electric trade for pulling cable and wires through conduit.” The steel fish tape identified as item/part number 0708360 measures approximately 1/8” in width by 65’ in length and has an average breaking strength of 400 lbs. The steel tape is housed in a plastic winder case and the diameter of the reel is 8”. The steel fish tape identified as item/part number 0708361 measures approximately 1/8” in width by 125’ in length and has an average breaking strength of 400 lbs. The steel tape is housed in a plastic winder case and the diameter of the reel is 12”. The steel flat ez reach fish tape identified as item/part number 0712795 measures approximately 25’ in length and has an average breaking strength of 400 lbs. The steel flat fish tape is housed in a plastic winder case and the diameter of the reel is 8”.
Item/part number 0712896 is described as fish tape of glass fibers (measuring approximately .175” by 100’) in a plastic winder case. The reel diameter measures approximately 12”. The fish tape of glass fibers is approximately 100’ in length and has an average breaking strength of 400 lbs.
The nylon fish tape is identified as item/part number 0708358. The fish tape is a nylon plastic rod, which measures approximately 0.0797”/2 millimeters in diameter, embedded within a plastic coating. The fish tape has a hook on the end of it. The nylon tape measures approximately 3/16” in width by 50’ in length and has an average breaking strength of 250 lbs. The nylon tape is housed in a plastic winder case and the diameter of the reel is 12”.
You suggest classification for the subject fish tapes under subheading 8425.19.0000, Harmonized Tariff Schedule of the United States (HTSUS). The office of National Import Specialist (NIS) Mark Palasek that handles subheading 8425.19, HTSUS, stated that “In regards to the Fastenal fish tapes, the HTSUS that the importer requested, 8425.19.0000 is covered under Section XVI, which provides for ‘Machinery and mechanical appliances; electrical equipment; parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles.’ The fish tapes at issue are NOT mechanical, even in the simplest definition and would therefore not be classified in this section, or in heading 8425, HTSUS.”
The applicable subheading for the steel fish tapes (item/part numbers 0708360, 0708361 and 0712795) 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.
When the glass fibers are woven, the applicable subheading for the fish tape of glass fibers in a plastic winder case (item/part number 0712896) will be 7019.90.1000, HTSUS, which provides for glass fibers…and articles thereof…other: woven. The rate of duty will be 4.8 percent ad valorem.
When the glass fibers are not woven, the applicable subheading for the fish tape of glass fibers in a plastic winder case (item/part number 0712896) will be 7019.90.5050, HTSUS, which provides for glass fibers…and articles thereof…other: other. The rate of duty will be 4.3 percent ad valorem.
The applicable subheading for the nylon fish tape (item/part numbers 0708358) will be 3926.90.9980, HTSUS, which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.
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 heading 8425, HTSUS, contact NIS Mark Palasek at 646-733-3013. If you have any questions regarding the fiberglass fish tape (item/part number 0712896) contact National Import Specialist Jacob Bunin at 646-733-3027. If you have any questions regarding the nylon fish tape (item/part number 0708358) contact NIS Joan Mazzola at 646-733-3023. If you have any questions regarding the steel fish tapes (item/part numbers 0708360, 0708361 and 0712795) contact NIS Ann Taub at 646-733-3018.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division