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NY D83176





October 20, 1998

CLA-2-73:RR:NC:1:118 D83176

CATEGORY: CLASSIFICATION

TARIFF NO.: 7317.00.2000; 7317.00.7500

Mr. Miguel Ruiz
Miami International Forwarders
1801 NW 82 Ave.
Miami, FL 33126-1013

RE: The tariff classification of fasteners from China.

Dear Mr. Ruiz:

In your letter dated October 1, 1998, you requested a tariff classification ruling on behalf of your client, Fastenerbase, Inc., Davis, CA.

The subject steel fasteners are described as follows:

1) Zinc plated eyelet drive pin 1/4" x 1 1/2", which features a 1/4" barrel, a plastic flute with a head diameter of 1/4" with a hole diameter of 1/8" and a 0.140" diameter shank.

2) Zinc plated hammer drive pin 1/4" x 1", which features a 1/4" barrel, a 3/8" diameter metal washer, a head diameter of 1/4" and a 0.140" diameter shank.

3) Zinc plated pin 0.300" x 3", which features a 1/4" barrel, a 1" metal washer, a plastic flute with a head diameter of 1/4" and a 0.140" diameter shank.

4) Zinc plated drive pin 1/4" x 1 1/4", which features a 1/4" barrel, a plastic flute with a head diameter of 1/4" and a 0.140" diameter shank.

Each of these items is known in the construction industry as drive pins. All of them are made primarily of steel and used in conjunction with a drive tool. The pins that contain plastic flutes are driven into the concrete with a powder-actuated tool. The hammer drive pins as described in item 2 above are designed for permanently fastening a fixture to concrete and some types of concrete blocks. This type of pin is designed for use in a standard hand tool and should not be used in a powder-actuated tool.

The applicable subheading for items 1, 3 and 4 (the plastic fluted drive pins) will be 7317.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other, suitable for use in powder-actuated handtools: not threaded. The duty rate will be free.

The applicable subheading for item 2 (the hammer drive pins) will be 7317.00.7500, HTS, of the United States, which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other: of two or more pieces. The duty rate will be 1.4% 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 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 Kathy Campanelli at 212-466-5492.

Sincerely,

Robert B. Swierupski
Director

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