CLA-2-73:OT:RR:NC:N1:121
Tamara Gideon
Secure Global Logistics
1045 Greens Parkway
Houston, TX 77067
RE: The tariff classification of steel stay rods/studs from China
Dear Ms. Gideon:
In your letter dated January 29, 2020 you requested a tariff classification ruling on behalf of Express Bolt & Gasket. This office has examined the sample and documentation you submitted.
The items under consideration are described as Stay Rods/Studs. They are composed of alloy or carbon steel with rolled threads on both ends. One stud style is identified as Alloy or Carbon Steel Stay Rod (machined from bar stock). It is 19.5 inches long and 2.25 inches at its widest diameter. The other stud style is identified as ASTM A322 E4340 Stay Rod, Rolled Thread with blue treaded protectors. It is 19.75 inches long and 2.97 inches at its widest diameter. You state both styles are manufactured with collars, reliefs and tapers and are specifically designed and imported for hydraulic fracturing (frac) pumps. Each stud is screwed into the power end of the pump and tightened and torqued with a wrench. The opposite end of the stud is inserted through the corresponding holes in the fluid end of the frac pump and tightened down with a nut by a hydraulic wrench. The studs function to connect the two sections of the pump and to stabilize it.
In your letter, you suggest that the Stay Rods/Studs be classified under subheading 8413.91.90, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Parts of pumps: Other: Of hydraulic fluid power pumps. We disagree, as the Stay Rods/Studs are not an integral component of the pump, but instead are steel studs that screw the power end and fluid end of the frac pump to each other. For classification purposes, steel studs are considered base metal parts of general use. Note (g) to Section XVI excludes parts of general use, as defined in note 2 to section XV, of base metal (section XV), or similar goods of plastics (chapter 39). Therefore, in accordance with Note (g) to Section XVI, the Stay Rods/Studs are excluded from consideration under 8413.
The applicable subheading for the Stay Rods/Studs will be 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. The rate of duty will be free.
The Stay Rods/Studs imported from China may be subject to antidumping duties or countervailing duties (AD/CVD). 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/.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7318.15.5090, HTSUS, unless specifically excluded, are subject to an additional 25 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 7318.15.5090, HTSUS, listed above.
The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.
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.
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.
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 Jennifer Jameson at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division