CLA-2-73:OT:RR:NC:1:118
Mr. Bryon Brown
Lifetime Products
P.O. Box 160010
Freeport Center, Building D-11
Clearfield, UT 84016-0010
RE: The tariff classification of hardware kits from China.
Dear Mr. Brown:
In your letter dated May 9, 2012, you requested a tariff classification ruling.
Five hardware kits were submitted for review. You have stated that these kits are sent out to your customers to cover lost, damaged or missing parts of finished basketball systems. Each kit is imported packaged in a clear plastic bag that is labeled with a part number. The submitted kits include the following items:
Part number 1082408 HDW, ID #BCR 1201727 – backboard to pole - eight plastic spacers, three Ny-lock hex nuts and three steel round socket head screws with a shank diameter greater than 6 mm
Part number 1087504 A.A HDE, ID #CZF 1200927 – 54” mammoth arms to pole - eight steel round socket head screws with a shank diameter greater than 6 mm, ten plastic spacers, two rubber or plastic spacers, one metal spacer, four steel washers and eight Ny-lock hex nuts
Part number 1082403 A.A hardware set up, ID #CZD 1200927 - nine steel hex nuts and one hex head screw with a diameter greater than 6 mm
Part number 1081953 A.A HDW, ID #CZE 1200927 – mammoth handle to pole - two containers of grease, twelve plastic spacers, five Ny-lock hex nuts and five steel round socket head screws with a shank diameter greater than 6 mm
Part number 1087930 A.A HDW, ID#CZG 1200927 – pole to j-bolt template - four plastic caps, four steel hex nuts, four helical spring lock washers and eight steel washers
The applicable subheading for part numbers 1082408, 1087504 and 1081953 will be 7318.15.8045, 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: other: having shanks or threads with a diameter of 6 mm or more: other: socket screws: other. The duty rate will be 8.5% ad valorem.
The applicable subheading for part number 1082403 will be 7318.16.0085, 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: nuts: other: other. The duty rate will be free.
The applicable subheading for part number 1087930 will be 7318.22.0000, 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: non-threaded articles: other washers. The duty rate will be free.
The helical spring lock washers within part number 1087930 may be subject to antidumping duties (see case A 570-822). 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://addcvd.cbp.gov/.
The silicone grease may be subject to the requirements of the Toxic Substances Control Act (TSCA), which are administered by the U.S. Environmental Protection Agency (EPA). Information on the TSCA can be obtained by contacting the EPA at 1200 Pennsylvania Avenue, N.W., Washington, D.C. 20460, by calling the TSCA Assistance Line at (202) 554-1404, by Fax at (202) 554-5603, by email to: [email protected] or by visiting their website at www.epa.gov.
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/.
Consideration was given to your proposed classification of 9506.99.6080, HTSUS. However, the hardware kits are articles of general use and are excluded from that classification by application of Note 1(k) to Chapter 95.
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,
Thomas J. Russo
Director
National Commodity Specialist Division