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NY F84291





April 6, 2000

CLA-2-73:RR:NC:1:118 F84291

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.14.1060; 7318.14.5000

Mr. Roger M. Ludwig
Ameri-Can Customshouse Brokers, Inc.
15 Lawrence Bell Drive
Amherst, NY 14221

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of screws from Canada; Article 509

Dear Mr. Ludwig:

In your letter dated March 10, 2000, you requested a ruling on the status of tapping and self-drill screws from Canada under the NAFTA on behalf of your client, Leland Industries, Inc. In addition, you have requested a ruling on the country of origin of the goods.

You have described the submitted samples as nylon head self-drill carbon steel screws and nylon head master gripper screws. They are further described and the manufacturing processes that occur are detailed as follows:

#14 diameter steel Master Gripper tapping screw insert – from ¾” length up to 3” in length. #10 diameter steel Master Gripper tapping screw insert – from 1” length up to 2” in length. #14 diameter steel self-drill screw insert from 7/8” length up to 2” in length. #12 diameter steel self-drill screw insert from ¾” length up to 3” in length.

You have stated that the above described screw inserts are not finished products. They are manufactured in Canada and sent to the United States to have a nylon head attached via a molding process. After the nylon head is molded onto the top of the screw, the product is returned to Canada and later imported into the United States.

The applicable tariff provision for the #10 steel Master Gripper tapping screw (with the nylon head), #10 Master Gripper tapping screw insert, #12 steel self-drill screw (with the nylon head) and the #12 steel self-drill screw insert, will be 7318.14.1060, Harmonized Tariff Schedule of the United States (HTS), which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers, (including spring washers) and similar articles of iron or steel: threaded articles: self-tapping screws: having shanks or threads with a diameter of less than 6mm: other. The general rate of duty will be 6.2% ad valorem.

The applicable tariff provision for the #14 steel Master Gripper tapping screw (with the nylon head), #14 Master Gripper tapping screw insert, #14 steel self-drill screw (with the nylon head) and the #14 steel self-drill screw insert, will be 7318.14.5000, HTS, which provides for screws, bolts, nuts, coach screws, screw hooks, rivets, cotters, cotter pins, washers, (including spring washers) and similar articles of iron or steel: threaded articles: self-tapping screws: having shanks or threads with a diameter of 6mm or more. The general rate of duty will be 8.6% ad valorem.

The tapping screws and self-drill screws, as well as the assorted inserts, will meet the requirements of HTS General Note 12, and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

In order to determine the country of origin marking requirements, first, we must apply the NAFTA Marking Rules in order to determine whether the items are goods of a NAFTA country. Part 102 of the regulations sets forth the “NAFTA Marking Rules” for purposes of determining whether a good is a good of a NAFTA country for marking purposes. The country of origin for the #10 steel Master Gripper tapping screw (with the nylon head), #10 Master Gripper tapping screw insert, #12 steel self-drill screw (with the nylon head), #12 steel self-drill screw insert, #14 steel Master Gripper tapping screw (with the nylon head), #14 Master Gripper tapping screw insert, #14 steel self-drill screw (with the nylon head) and the #14 steel self-drill screw insert when imported into the United States, will be Canada.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Kathy Campanelli at 212-637-7025.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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