The tariff classification of cap nails from China.

N045683 December 12, 2008 CLA-2-73:OT:RR:NC:N1:118 CATEGORY: Classification TARIFF NO.: 7317.00.7500 Mr. Ken Powell Simplex Nails & Fasteners 100 Petty Road Suite A Lawrenceville, GA 30043 RE: The tariff classification of cap nails from China. Dear Mr. Powell: In your letter dated November 24, 2008, you requested a tariff classification ruling. You refer to the submitted samples as metal cap nails and plastic cap nails. You state that they are used to secure siding, insulation and felt. The sample of the metal cap nail consists of a steel nail and a 1” diameter steel cap. The nail measures approximately 1 1/8” long and 1/16” in diameter. It has a ¼” head diameter and grooved shank. The plastic cap nail consists of a steel nail and a 7/8” diameter polyethylene and polypropylene cap. The nail measures approximately ¾” long and 1/16” in diameter. It has a ¼” head diameter and smooth shank. The applicable subheading for the cap nails will be 7317.00.7500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for nails, tacks, drawing pins, corrugated nails, staples (other than those of heading 8305) and similar articles, of iron or steel, whether or not with heads of other material, but excluding such articles with heads of copper: other: of two or more pieces. The duty rate will be free. 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/. The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”). 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 National Commodity Specialist Division