CLA-2-73:OT:RR:NC:N1:113
Mr. Ken Williamson
Platinum Global Sourcing
14095 Bournemuth, Suite 105
Shelby Township, MI 48315
RE: The tariff classification of steel Adjusting Rods from China
Dear Mr. Williamson:
In your letter dated February 1, 2019, you requested a tariff classification ruling. The submitted sample has been examined and will be retained by this office.
The articles under consideration are identified as Adjusting Rods, part numbers SC-11303 and SC-11306. The rods are made of steel and imported in both 15 inch and 1.5 inch lengths. One end of each rod is threaded and the opposite end has a configuration that allows the end user to insert a #2 square bit. The Adjusting Rods are used to assist in adjusting cabinet heights during the installation process to achieve accurate leveling. The threaded end of the rod is inserted into an EZ-Level (not included). The rod end with the bit configuration is accessible to the installer on the outside of the cabinet boxes. The installer can turn the rod, which in turn pushes a lever in the EZ Level, which slowly raises the cabinet so that it can become level. Once the cabinet is level, the rod and the EZ Level remain in place in the cabinet, and are usually hidden by the toe kick of the cabinet.
In your letter, you suggest the Adjusting Rods could be classified under subheading 8302.10.6060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Base metal mountings, fittings and similar articles…: Hinges, and parts thereof; Of iron or steel, of aluminum or of zinc; Other, Suitable for furniture and cabinets. However, these Adjusting Rods are not hinges; therefore, they cannot be classified under 8302.10.6060.
You also suggest the Adjusting Rods could be classified in subheading 7318.15.5090, HTSUS, which provides for Screws, bolts, nuts…and similar articles, of iron or steel: Threaded articles: Other screws and bolts, whether or not with their nuts or washers: Studs: Other: Other. However, these Adjusting Rods do not perform a fastening function, rather they transmit motion by pushing a lever in the EZ Level. The Explanatory Notes for heading 73.18 exclude threaded mechanisms used to transmit motion. Therefore, these Adjusting Rods cannot be classified under 7318.15.5090.
The applicable subheading for the Adjusting Rods, part numbers SC-11303 and SC-11306, will be 7326.90.8688, HTSUS, which provides for Other articles 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 https://hts.usitc.gov/current.
Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS. The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS. Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974). Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings.
Products of China classified under subheading 7326.90.8688, HTSUS, unless specifically excluded, are subject to the additional 10 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.03, in addition to subheading 7326.90.8688, HTSUS, listed above.
The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the applicable Chapter 99 subheading.
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 Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division