CLA-2-73:OT:RR:NC:1:118
Ms. Tracy Perreault
Stanley Black & Decker
480 Myrtle Street
New Britain, CT 06053
RE: The tariff classification of a wire staple from China.
Dear Ms. Perreult:
In your letter dated February 11, 2011, you requested a tariff classification ruling.
You have described part number N247-759 as a zinc plated steel wire staple that is pointed at both ends. The U-shaped smooth shank staple is 2 ½” in height. You have stated that it is used to fasten various products to wood posts.
The applicable subheading for the steel wire staples will be 7317.00.5550, 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: other: smooth shank: coated, plated or painted: other. The duty rate will be free.
You suggested classifying the wire staple under 7326.20.0070, HTSUS. Single staples (not in strips) are provided for within the heading of 7317. Explanatory Note (EN) 73.17 identifies staples as pointed at both ends and used for electric wiring, picture frames, fencing etc. and other staples, not presented in strips. Your product is more specifically provided for within heading 7317.
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/.
You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). 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