CLA-2-73:OT:RR:NC:N1:117
Ms. Debbie Brule
Global Transportation Services, Inc.
18209 80th Ave. So, Suite A
Kent, WA 98032
RE: The tariff classification of batting tee components from China
Dear Ms. Brule:
In your letter dated August 15, 2018, you requested a tariff classification ruling on behalf of your client, Joe H. Tanner Baseball Products, LLC.
The products to be imported are two tubes/stems used in the manufacture of baseball batting tees. You indicate that these seamless tubes are made of zinc plated nonalloy steel and are designed to fit into each other.
Part 150 is identified as a baseball batting tee outer/lower stem. This tube has an outside diameter of approximately 1.3 inches (33.01 mm) and is available in lengths of 8 and 13 inches. It is threaded on one end and will be screwed into a custom made base flange. The other end is not threaded and accepts the middle stem.
Part 160 is referred to as a baseball batting tee middle stem. This tube which has an outside diameter of approximately 0.9 inch (22.86 mm) is available in lengths of 9 and 13 inches and includes a crimped metal stop which prevents it from being pulled out of the outer stem during height adjustment.
You suggest classification of the tubes/stems in subheading 9506.99.1500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Baseball articles and equipment, except balls, and parts and accessories thereof. However, in their condition as imported condition, the stems are essentially tubes and therefore would not be considered articles of Chapter 95.
The applicable subheading for the tubes/stems will be 7304.39.0020, HTSUS, which provides for Tubes, pipes and hollow profiles, seamless, of iron (other than cast iron) or steel: Other, of circular cross section, of iron or nonalloy steel: Other: Having an outside diameter less than 38.1 mm. 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 the World Wide Web at https://hts.usitc.gov/current.
On March 8, 2018, Presidential proclamations 9704 and 9705 imposed additional tariffs and quotas on a number of steel and aluminum mill products. Exemptions have been made on a temporary basis for some countries. Quantitative limitations or quotas may apply for certain exempted countries and can also be found in Chapter 99. Additional duties for steel of 25 percent and for aluminum of 10 percent are reflected in Chapter 99, subheading 9903.80.01 for steel and subheading 9903.85.03 for aluminum. Products classified under subheading 7304.39.0020, HTSUS, may be subject to additional duties or quota. At the time of importation, you must report the Chapter 99 subheading applicable to your product classification in addition to the Chapter 72, 73 or 76 subheading listed above.
The Proclamations are subject to periodic amendment of the exclusions, so you should exercise reasonable care in monitoring the status of goods covered by the Proclamations and the applicable Chapter 99 subheadings.
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 Mary Ellen Laker at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division