CLA-2-73:OT:RR:NC:N1:121

Mr. Mark Benson
TETAC Incorporated
177 Webster Street, #426
Monterey, CA 93940

RE: The tariff classification of energetic propellers and high resistance fasteners from France Dear Mr. Benson:

In your letter dated August 19, 2015, you requested a tariff classification ruling.

The products under consideration are energetic propellers and high resistance fasteners for use with the Suprafix tool (not included).

The Suprafix is an underwater powder-actuated hand tool that uses propellants to energetically attach a fastening pin to steel and/or concrete. This tool is intended to be used by construction personnel to fasten items without the need for welding or other complex fastening operations. It uses cartridges that utilize up to 865mg of explosive material. The subject propellers and fasteners are described as consumables utilized by the Suprafix. An energetic propeller and a high resistance fastener will always be used together whenever the Suprafix is activated.

The energetic propeller is a stainless steel tube with a cartridge mounted at one end. The cartridge is made of brass and contains a double base propelling powder and a primer. The energetic propeller is available in three power levels, identified as Energetic Propeller Small Power, Energetic Propeller Medium Power and Energetic Propeller Strong Power.

The high resistance fasteners are available in alloy steel or stainless steel (also called SupraSteel). The SupraSteel fasteners are designed specifically for sacrificial anodes installation. The high resistance fasteners identified as “Drive Pins” are unthreaded and are specified as follows: Drive Pin L245_A, Drive Pin L320_A, Drive Pin L630_A, Drive Pin L245_I, Drive Pin L320_I and Drive Pin L630_I. The high resistance fasteners identified as “Threaded Studs” are threaded at one end and are specified as follows: Threaded Stud L320_F250_A, Threaded Stud L580_F250_A, Threaded Stud L320_F250_I and Threaded Stud L580_F250_I.

The suffix “A” refers to fasteners made of alloy steel and the suffix “I” refers to fasteners made of stainless steel SupraSteel.

The applicable subheading for the alloy steel and stainless steel drive pins will be 7317.00.2000, 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…Other, suitable for use in powder-actuated handtools: Not threaded. The rate of duty will be free.

The applicable subheading for the alloy steel and stainless steel threaded studs will be 7317.00.3000, HTSUS, which provides for Nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles of iron or steel…Other, suitable for use in powder-actuated handtools: Threaded. The rate of duty will be free.

The applicable subheading for the energetic propellers will be 9306.30.4138, HTSUS, which provides for Bombs, grenades, torpedoes, mines, missiles and similar munitions of war and parts thereof; cartridges and other ammunition and projectiles and parts thereof, including shot and cartridge wads: Other cartridges and parts thereof: Cartridges and empty cartridge shells: Cartridges for riveting or similar tools or for captive-bolt humane killers and parts thereof.  The rate of duty will be free.

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 ruling, contact National Import Specialist Barbara Kaiser at [email protected].

Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division