CLA-2-94:OT:RR:NC:N4:433
Kirk Brimhall
Retail Sourcing and Marketing
PO Box 4011
Huntington Beach, CA 92605
RE: The tariff classification of a shelving unit from China.
Dear Mr. Brimhall:
In your letter dated August 31, 2017, you requested a tariff classification ruling.
The merchandise concerned is described as free standing shelving unit. The posts are made of metal and have round holes and the beams are made of metal and have threaded collars. The posts attach to the beams by means of hex cap screws (threaded bolts designed to be tightened by means of a hex wrench). The shelves may be of particle board, laminated Medium-density Fibreboard (MDF) or metal grids. The shelving unit measures 36 inches wide by 18 inches deep by 72 inches high. This shelving unit will have four posts and five levels of shelving, and will be individually packaged in unassembled condition ready for retail sale. Other variations and sizes of the merchandise concerned may include a four shelf model and a six shelf model.
You indicate that the merchandise concerned is not boltless, and therefore should not be classified in subheading 9403.20.0025 of the Harmonized Tariff Schedule of the United States (HTSUS), the subheading for “Boltless or press-fit steel shelving units prepackaged for sale as described in statistical note 2 to this chapter” – reference is made to chapter 94, HTSUS. We note that “Boltless Steel Shelving Units Pre-Packaged For Sale” from the People’s Republic of China are subject to both antidumping duties and countervailing duties.
In the public version of the Department of Commerce, International Trade Commision (ITC) Investigation Report of August 26, 2014, “Description of Subject Merchandise and Requested Scope of Investigation,” four variations of [Boltless Steel Shelving] are described: (1) Rivet Shelving, (2) Welded Frame, (3) Slot and Tab Shelving and (4) Punched Rivet (Quasi-Rivet) Shelving. One of the four variations, the “Punched Rivet (Quasi-Rivet) Shelving” is similar to the merchandise concerned in that the shelving has a protrusion that is punched or otherwise formed in a beam or post to serve the same function as a rivet or other boltless fastener in rivet shelving, of which the quasi-rivet fits into or connects with a corresponding receptacle in another piece of the frame. However, this is where the similarity of the merchandise concerned to the “Punched Rivet (Quasi-Rivet) Shelving” ends, for in the public version of the ITC Investigation Report, boltless steel shelving is easily assembled by the ultimate purchaser without the use of nuts and bolts, or screws, or the use of tools such as screwdrivers and wrenches. It therefore follows that the use of a hex wrench by the ultimate purchaser to fasten the hex cap screws (bolts), attaching the four posts to the beams of the merchandise concerned, removes classification from subheading 9403.20.0025, HTSUS, the subheading for “Boltless or press-fit steel shelving units prepackaged for sale ….”
The applicable subheading for the free standing shelving unit of the merchandise concerned will be 9403.20.0026, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Other metal furniture: Other: Counters, lockers, racks, display cases, shelves, partitions and similar fixtures: Other.” 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 https://hts.usitc.gov/current.
“Boltless Steel Shelving Units Pre-Packaged For Sale” from the People’s Republic of China are subject to both Antidumping Duties (AD), case # A-570-018 and Countervailing Duties (CVD), case # C-570-019. Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP). You can contact them at http://trade.gov/enforcement/ (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” under “Popular Topics” at the top of the screen), and you can search AD/CVD deposit and liquidation messages using CBP’s AD/CVD Search tool at http://addcvd.cbp.gov/.
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 Neil H. Levy at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division