CLA-2-73:OT:RR:NC:N1:113
Ms. Lauren Benway
CHB Manager
Trans-Border Global Freight Systems, Inc.
2103 Route 9
Round Lake, NY 12151
RE: The tariff classification of a spring from China
Dear Ms. Benway:
In your letter dated July 7, 2015, on behalf of KCD Solutions LLC, you requested a tariff classification ruling on a spring. In response to our request for additional information, our office received answers to our questions in your letter dated July 20, 2015. A sample and a drawing with specifications for the subject spring were submitted for our review.
The spring under consideration is identified as item/part number S2-09436. You indicated in your letter that the spring is for a rotation lock that is used in the installation of lighting products/accessories. The spring measures approximately 1.532” in length and 0.625” in width. The spring is made of stainless steel.
The specification drawing described item/part number S2-09436 as a “stainless steel leaf spring for a rotation lock”. We note that stainless steel springs are classifiable within heading 7320, Harmonized Tariff Schedule of the United States (HTSUS), which provides for springs and leaves for springs, of iron or steel. In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes (ENs) may be utilized. The ENs constitute the official interpretation of the Harmonized System at the international level. While neither legally binding nor dispositive, the ENs provide a commentary on the scope of each heading of the HTSUS and are generally indicative of the proper interpretation of the headings. It is Custom and Border Protection’s practice to consult the terms of the ENs when interpreting the HTSUS. See T.D. 89–80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).
You identified the subject stainless steel springs as leaf springs which are covered in subheading 7320.10, HTSUS, which provides for leaf springs of iron or steel. We note that EN 73.20 (A) states that leaf springs are “chiefly used in the suspension systems of vehicles (e.g., railway locomotives and rolling stock, automobiles and carts)”. Subheading 7320.90, HTSUS, covers springs, other than leaf springs and helical springs, and includes flat springs. EN 73.20 (C) states that this heading includes flat springs “used in spring operated motors, in locks, etc.”
Inasmuch as the subject springs are not chiefly used in the suspension systems of vehicles, they would not be classifiable as leaf springs in subheading 7320.10, HTSUS. Therefore, the springs used in a rotation lock would be classifiable in subheading 7320.90, which includes flat springs used in locks.
The applicable subheading for the spring, item/part number S2-09436, will be 7320.90.5060, HTSUS, which provides for springs and leaves for springs, of iron or steel: other: other: other. The rate of duty will be 2.9 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 the above, contact National Import Specialist Ann Taub at Ann.Taub @ cbp.dhs.gov.
Sincerely,
Gwenn Klein Kirschner
Director
National Commodity Specialist Division