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NY 865892



August 30, 1992

CLA-2-73:S:N:N1:115 865892

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.15.2040; 7326.90.9090; 7318.15.5000; 7318.16.0000

Ms. Evelyn C. Kampf
Geo. S. Bush & Co., Inc.
1400 Exchange Building
821 Second Avenue
Seattle, Washington 98104

RE: The tariff classification of a clamping system for a rubber dam from Japan.

Dear Ms. Kampf:

In your letter dated July 9, 1991, you requested a tariff classification ruling, on behalf of your client, Bridgestone (USA) Inc., Nashville, TN.

The subject articles are described as a clamping system for use with a rubber dam. The clamping system anchors the rubber dam to its foundation while creating an airtight seal. The standard material for all of the metal components is carbon steel or AISI 1304 stainless steel for special requests. The system includes all of the following components:

1. Anchor Bolt - The anchor bolt's function is to attach the rubber dam to a concrete base.

2. Embedded Plate - The plate is placed on the concrete surface to obtain better sealing of the rubber dam. The thickness of the plate varies according to the size of the dam, from 1/4 inch to a maximum thickness of 3/8 of an inch. A threaded rod and nut are used to hold the plate in place.

3. Piping Set - The set consists of pipes in approximately 1 foot lengths, fittings (flanges and spacers) that comprise an air supply, and an exhaust system running inside the full length of the rubber dam. There are three types of flanges:

(a) Pressure - for air inflow and outflow (b) Air Sensor - regulates the amount of water by reacting to the amount of air in the dam
(c) Drain

The spacer set is made of reinforced rubber hoses with minor metal attachments. The spacer set balances the water within the dam and is part of the piping system.

The applicable subheading for the anchor bolts which include steel bent bolts with its nut and washer will be 7318.15.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for bolts and bolts and their nuts or washers entered or exported in the same shipment. The duty rate will be 0.7% ad valorem.

The applicable subheading for the embedded plate will be 7326.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 5.7% ad valorem.

The applicable subheading for the threaded rod will be 7318.15.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for bolts and bolts and their nuts or washers with round heads having shanks or threads with a diameter of 6mm or more. The duty rate will be 4.7% ad valorem.

The applicable subheading for the nuts will be 7318.16.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for nuts. The duty rate will be 0.2% ad valorem.

The applicable subheading for all the components of the piping set will be 7326.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel, other. The duty rate will be 5.7% ad valorem.

Consideration was given to classifying your products under subheading 7308.90.9090, HTS, as you have suggested. However, while these items are parts of structures, they are not parts of metal structures. Therefore, application of 7308.90.9090, HTS, is precluded.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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