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NY L82104

January 26, 2005

CLA-2-73:RR:NC:N1:118 L82104


TARIFF NO.: 7318.15.8065

Ms. Paula McDaniel
Miki Corporation
802-G Cromwell Park Drive
Glen Burnie, MD 21061

RE: The tariff classification of a steel hex shoulder bolt from Taiwan.

Dear Ms. McDaniel:

In your letter, dated January 10, 2005, you requested a tariff classification ruling.

The merchandise, part 94231, is described as a steel hex shoulder bolt, zinc plated, ¼-20 x 2.780. This partially thread bolt is made of C1038 steel. It is a muffler bolt that holds the muffler to a small push mower.

The applicable subheading for the steel hex shoulder bolt will be 7318.15.8065, 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: other screws and bolts, whether or not with their nuts or washers: other: having shanks or threads with a diameter of 6 mm or more: other: other: with hexagonal heads: other. The rate of duty will be 8.5% ad valorem.

Consideration was given to classifying the product within subheading 7318.15.2065, HTS, or 9817.00.6000, HTS, as you had suggested. However, the fastener has been designed to be inserted into holes in assembled parts and tightened or released by torquing the head, and therefore classification in subheading 7318.15.2065, HTS, is precluded. It is excluded from subheading 9817.00.6000, HTS, by Chapter 98, Subchapter XVII, U.S. Note 2(ij), which states, “The provisions of headings 9817.00.50 and 9817.00.60 do not apply to articles provided for in chapter 73 (except subheadings 7308.10, 7308.20, 7308.40 and 7308.90, subheadings 7315.81 through 7315.89, subheadings 7319.20, 7319.30, 7325.10, 7325.91, 7326.11 and 7326.19).”

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

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.


Robert B. Swierupski

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