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NY 804790




December 13, 1994

CLA-2-39:S:N:N6:221 804790

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9590

Mr. David H. Wilkof
Adalet Electrical Construction Materials
2500 Brookpark Road, No. 100
Cleveland, Ohio 44134

RE: The tariff classification of clamps and nail clips and staples from Taiwan.

Dear Mr. Wilkof:

In your letter dated December 1, 1994 you requested a tariff classification ruling.

Four samples were submitted. The first sample is a clamp composed entirely of plastic. This clamp is used to clamp wires, cables or tubes in place. The staples and nail clips consist of a plastic u-clamp with steel nails. These items are used to fasten coaxial cables, telephone wires, speaker wires and non- metallic cables.

You suggest that the plastic clamps are classified in subheading 3917.40.0090, HTS, which provides for plastic fittings for pipes and tubes. The clamps, however, are not fittings. The clamps are not used to join pipes end to end; they are used to clamp wires or pipes and tubes together.

You suggest that the nail clips and staples are classified in subheading 7317.00.55, HTS, which provides for nails, tacks, drawing pins, corrugated nails, staples and similar articles. The samples, however, though they include nails, are more than merely nails. For example, the Explanatory Notes for heading 7317 precludes the classification in this subheading of items such as picture hooks with nails.

The applicable subheading for the clamps, nail clips and staples will be 3926.90.9590, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics. The rate of duty will be 5.3 percent ad valorem.

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
New York Seaport

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