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NY N007966




March 14, 2007

CLA-2-73:RR:E:NC:N1:118

CATEGORY: CLASSIFICATION

TARIFF NO.: 7318.29.0000

Ms. Debra A. Godwin
Customs Compliance Specialist
Fiskars Brands, Inc.
Garden & Outdoor Living
780 Carolina Street
Sauk City, WI 53583

RE: The tariff classification of a fastener from China.

Dear Ms. Godwin:

In your letter dated March 7, 2007, you requested a tariff classification ruling.

The item, which is referred to as a bolt, is used to assemble and hold blades of a hedge shear garden tool in place. It is made of medium carbon steel and has a zinc plate clear chromate finish. The diameter of the shank is 0.43 inches and it is 1.23 inches long. It has a circular head with a flattened top. The smooth rounded portion of the shank serves as a pivot point when opening and closing the hedge shear. The fastener has two flattened portions, on opposite sides of the shank, that measure approximately 0.25 inches across the diameter. You have stated that the bolt is threaded subsequent to the stamping of the flats.

The applicable subheading for the fastener will be 7318.29.0000, Harmonized Tariff Schedule of the United States (HTSUS), 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: non-threaded articles: other. The duty rate will be 2.8% ad valorem.

Consideration was given to classifying this item as a bolt within subheading 7318.15.20 as you suggested, however, this fastener is not considered threaded. A thread is a ridge of uniform section in the form of a helix. The flattened sides do not have ridges. Accordingly, a thread has not been formed and the fastener is considered to be non-threaded.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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