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NY F87615




June 21, 2000

CLA-2-82:RR:NC:1:118 F87615

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5560; 7415.32.5000; 7318.15.8080; 8481.90.5000

Mr. Stephen J. Pepi
Great Lakes
Customs Brokerage, Inc.
4500 Witmer Industrial Estates
Niagara Falls, NY 14305-1386

RE: The tariff classification of plungers, augers, closet bolts, and flappers from Canada or Taiwan.

Dear Mr. Pepi:

In your letter dated May 17, 2000, on behalf of your client, Elka Industries Inc., Toronto, Ont., you requested a tariff classification ruling.

You have described your products as follows:

Plungers – made of rubber with wood handles. The rubber plungers are parts # 12-011, 12-021, 12-041, 12-061. The plungers range in size from 4” to 5 ½”. The length of the wooden handle for item 12-011 is 9”. The other handle lengths are 19”. Augers – a) 15’ drain auger ¼”, part #12-115, containing a zinc plated heavy wall tubing with a thumbscrew. b) 25’ drain auger, part #112-125, containing a zinc plated heavy wall tubing with a thumbscrew. c) Cannister auger 15’ part #12-015 containing a rotary cannister and round grip handle. d) Toilet auger, part #12-301, equipped with a smooth plastic handle and vinyl bowl guard with a 3’ length and 3/8” diameter.

3) Closet bolts – solid brass, part # 12-600B size 5/16” x 2 ¼”, part # 12-610B size 5/16” x 3 ½”, part # 12-625B (tank to bowl set) size 5/16” x 3”, part # 12-630B ¼” x 2 ¼” (closet screw set), and part # 12-631B size 5/16” x 2 ½” (closet screw set). Parts #12-600B and 12-610B are individually bagged with 2 bolts, 2 metal washers and 2 nuts. Part # 12-625B is individually bagged with 2 bolts, 4 metal washers, 4 rubber washers and 4 hex nuts. Parts #12-630B and 12-631B are individually bagged with 2 bolts, 2 metal washers and 2 acorn nuts. 4) Closet bolts – brass plated, part # 12-600P size 5/16” x 2 ¼”, part # 12-620P size (tank to bowl set) size 5/16” x 3”, part # 12-630P (closet screw set) size ¼” x 2 ¼”, part # 12-631P (closet screw set) size 5/16” x 2 ½”. Part #12-600P is individually bagged with 2 bolts, 2 metal washers and 2 nuts. Part #12-620P is individually bagged with 2 bolts, 4 metal washers, 4 rubber washers, 2 hex nuts and 2 wing nuts. Parts # 12-630P and 12-631P are individually bagged with 2 bolts, 2 metal washers and 2 acorn nuts. 5) Flappers – rubber and vinyl. The rubber flappers are parts # 12-804 (domestic) , 12- 805 (regular), 12-806 (regular), 12-807 (regular), and 12-809 (regular). The vinyl flapper is part # 12-808 (regular).

The applicable subheading for the drain, cannister and toilet augers will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for other handtools not elsewhere specified or included: other handtools (including glass cutters) and parts thereof: other: other: of iron or steel: other: other (including parts). The general duty rate will be 5.3% ad valorem.

The applicable subheading for the solid brass closet bolts with their nuts and stainless steel washers, part # 12-610B and the solid brass tank to bowl set with their brass washers, rubber washers and hex nuts, part # 12-625B, will be 7415.32.5000, HTS, which provides for nails, tacks, drawing pins, staples (other than those of heading 8305) and similar articles of copper; screws, bolts, nuts, screw hooks, rivets, cotters, cotter pins, washers (including spring washers) and similar articles of copper: other threaded articles: other screws; bolts and nuts: other: having shanks, threads or holes 6 mm or more in diameter. The general duty rate will be 3% ad valorem.

The applicable subheading for the brass plated tank to bowl set with their metal and rubber washers, hex and wing nuts, part # 12-620P, will be 7318.15.8080, 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: other screws and bolts, whether or not with their nuts or washers: having shanks or threads with a diameter of more than 6 mm: other: other. The general duty rate will be 8.5% ad valorem

The applicable subheading for the vinyl flapper will be 8481.90.5000, HTS, which provides for taps, cocks, valves and similar appliances, for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves; parts thereof: of hand operated and check appliances: of other materials. The general duty rate will be 3% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the rubber plungers, the rubber flappers, the closet bolts (part # 12-600P and part #12-600B), and the closet screw sets. Your request for a classification ruling should include for the rubber plungers and the rubber flappers: the type of rubber these two items are made of. For the closet bolts and the closet screw sets: furnish the chemical compositions for the metal washers, nuts, and acorn nuts.

This ruling is being issued under the provisions of Part 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 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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