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NY I89670




January 14, 2003

CLA-2-73:RR:NC:1:118 I89670

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.14.1060; 7318.14.1030

Ms. Marilyn-Joy Cerny
Cerny Associates, P.C.
301 Fields Lane
P.O. Box 102
Brewster, NY 10509

RE: The tariff classification of metal fasteners from Taiwan.

Dear Ms. Cerny:

In your letter dated December 23, 2002, on behalf of your client, Ace Hardware Corporation, Oak Brook, IL, you requested a tariff classification ruling.

You have described your metal fasteners as follows:

Ace part no. 5174974 – Vendor part no. 100508 – Drywall all-purpose screws: size 6 x 1, ideal for drywall, plywood and particleboard. It has a square drive flat head with a fine thread, 15 tpi and a hardened black phosphate finish. Ace part no. 5174990 – Vendor part no. 100408 – Drywall all-purpose screws: size 6 x 1, ideal for drywall, plywood and particleboard. It has a Phillips drive flat head with a fine thread, 15 tpi and a hardened black phosphate finish. Ace part no. 5260401 – Vendor part no. 46110 – Decking screws: size 8 x 1, ideal for pressure treated lumber, wood decks, fencing, siding and marine. It has a dual drive flat head with a coarse thread, 9 tpi and hardened green finish. Ace part no. 5262993 – Vendor part no. 46195 – Cabinet screws: size 8 x 11/4, ideal for kitchen cabinets. It has a Phillips drive flat head with a fine thread, 15 tpi and a hardened yellow zinc finish. Ace part no. 5263249 – Vendor part no. 46137 - Decking screws: size 8 x 11/4, ideal for marine, spas, bathrooms, boats and wood decks. It has a square drive flat head with a coarse thread, 9 tpi and is made of stainless steel.

The first of the four described screws above are made of carbon steel as indicated on your specifications. The fifth screw (vendor part no. 46137) is made of stainless steel.

The applicable subheading for vendor part nos. 100508, 100408 and 46110 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 6 mm: other. The duty rate will be 6.2% ad valorem.

The applicable subheading for vendor part no. 46137 will be 7318.14.1030, 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 6 mm: of stainless steel. The duty rate will be 6.2% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on vendor part no. 46195. Your request for a classification ruling should include a clarification between the submitted drawing, which differs from the submitted sample(s). When this clarifying information is available, you may wish to consider resubmission of your request. We will retain the samples and exhibits.

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

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 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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