CLA-2-73:OT:RR:NC:N5:113
Melissa Auell
Auell Consulting
6304 South Ross Road Morrison, CO 80465
RE: The tariff classification of springs from China
Dear Ms. Auell:
In your letter dated September 30, 2024, on behalf of Thermic Solutions, LLC, you requested a tariff classification ruling. Product descriptions and photographs of the subject springs were submitted for our review.
The merchandise under consideration is described as compression springs designed to work with the Thermic HSCS Walkway Heating System used in cold climates to melt ice and snow on patios or walkways. You stated that “The springs fit between a plastic base and a plastic rail and allow the height to be adjustable. The rails hole heating cables that warm pavement and the springs help to press these cables up towards the pavers to heat outdoor pavers.”
The springs are made in four different lengths that allow for different gaps between the ground and paver. The springs are available in four sizes; a 1.75" length spring which has a wire thickness of 0.054" and an outer spring diameter of 0.807", a 2.75" length spring which has a wire thickness of 0.067" and an outer spring diameter of 0.82", a 3.75" length spring which has a wire thickness of 0.067" and an outer spring diameter of 0.82", and a 4.75" length spring which has a wire thickness of 0.072" and an outer spring diameter of 0.825". The springs may be made of 302 or 304 stainless steel.
The applicable subheading for all four sizes of 302 and 304 stainless steel compression springs will be 7320.20.5020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for springs and leaves for springs, of iron or steel: helical springs: other: helical springs, of wire having a cross-sectional dimension of less than 5.1 mm: other. The rate of duty will be 3.9 percent ad valorem.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 7320.20.5020, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 7320.20.5020, HTSUS, listed above.
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 at https://hts.usitc.gov/.
The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Ann Taub at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division