CLA-2-85:OT:RR:NC:N1:109

Mr. Karl F. Krueger
DHL Global Forwarding
2660 20th St.
Port Huron, MI 48060

RE: The tariff classification of a “magnetic catch” and a “captive fastener” from China

Dear Mr. Krueger:

In your letter dated June 30, 2009 you requested a tariff classification ruling on behalf of your client, Southco Inc.,

The first item listed in this ruling is a magnetic catch. A sample of this item was furnished for classification purposes and is being returned as per your request. Your letter states that this magnetic catch contains metal magnets in a plastic housing. However, the submitted sample consists of double barium ferrite magnets surrounded by a metal plate on the front and back of the flexible magnet, which is encased in a plastic housing. The magnetic catch is a push-to-close latch, which will be placed inside of a cabinet with the magnet facing front. A metal striker, which is not a part of the submitted sample nor part of the merchandise classified within this ruling, will be affixed to the cabinet door so that when the door is closed the magnet inside the cabinet will connect with the metal striker and hold the cabinet door closed. Depending on the model the magnetic catch will consist of one or two permanent flexible magnets. In your letter, you state that you are asking for the classification of the magnetic portion. This ruling will provide the classification of the magnetic catch as a complete device, as well as the classification of just the magnetic portion.

The second item is a captive fastener. A sample of this item was furnished for classification purposes and is being returned as per your request. It is a spring loaded plunger made of steel and aluminum and comprised of a spring loaded pin within a housing or barrel. The captive fastener is punched into a panel so that the outer barrel is permanently attached to the wall. Once installed, the pin extends through the wall or panel and the end of the pin acts as a hinge pin, a drawer stopper or a catch. The head of the pin can then be pulled to withdraw the pin, which allows the hinge to be removed, or the stopper to be bypassed or to release the catch. This product has multiple applications, including use on automotive trucks, computers, electronic and industrial enclosures, exhibits/signs, medical, networking, telecommunications, vending machines, etc.

The applicable subheading for the magnetic catch will be 8505.19.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Other.". The rate of duty will be 4.9 percent ad valorem.

The applicable subheading for the magnetic portion (barium ferrite magnet) of the magnetic catch will be 8505.19.3000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Permanent magnets and articles intended to become permanent magnets after magnetization: Other: Other." The rate of duty will be 4.9 percent ad valorem

The applicable subheading for the captive fastener/spring loaded plunger will be 8302.49.6085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Base metal mountings, fittings and similar articles suitable for furniture, doors, staircases, windows, blinds, coachwork, saddlery, trunks, chests, caskets or the like;… Other mountings, fittings and similar articles, and parts thereof, other, other, of iron or steel, of aluminum or of zinc, other, other. The rate of duty will be 5.7 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 ruling, contact National Import Specialist Linda M. Hackett at (646) 733-3015.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division