The tariff classification of threaded cross rods from China.

N254748 July 23, 2014 CLA-2-94:OT:RR:NC:N4:433 CATEGORY: Classification TARIFF NO.: 9403.90.8041 Eli M. Brickman President Uneeda Bolt & Screw Co., Inc. 10 Capitol Drive Moonachie, NJ 07074 RE: The tariff classification of threaded cross rods from China. Dear Mr. Brickman: In your letter dated June 18, 2014 and revised July 16, 2014, you requested a tariff classification ruling. Illustrative literature was provided The merchandise concerned is three different size “threaded cross rods.” The rods are made of steel, are zinc plated, and have approximately 1-inch at each end of the rod threaded. Each rod is specifically designed to be incorporated into a floor standing, Swingertm Sidewalk Message Board Sign. Depending upon the size of the sign, each of the rods act as the fulcrum to hold the signboard to the sidewalk sign. Your part numbers: 25C3400STDSZ/TEE1 measures ¼-20x34, 25C2875STDSZ/TEE1 measures ¼-20x28¾, and 25C5275STDSZ/TEE1CTFB measures ¼-20x52¾. Measurements are shown in inches with the first dimension being the diameter, the second dimension being the number of threads per inch, and the third dimension being the length. Although you have requested a classification ruling for the threaded rods only and not for the sidewalk sign itself, it is essential to know the chapter and heading of the Swingertm Sidewalk Message Board Sign, which is a floor standing, swinging sign, with a double sided message board face onto which letters, numbers and symbols can be arranged. When interpreting and implementing the Harmonized Tariff Schedule of the United States (HTSUS), the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, while neither legally binding nor dispositive, provide a guiding commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUS. CBP believes the ENs should always be consulted. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989). The General ENs to Chapter 94 of the HTSUS, state in pertinent part, with regard to the meaning of furniture, at (A): for the purposes of this Chapter, the term “furniture” means: Any “movable” articles (not included under other more specific headings of the Nomenclature), which have the essential characteristic that they are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings, hotels, theatres, cinemas, offices, churches, schools, cafes, restaurants, laboratories, hospitals…etc…. Further, the ENs to the HTSUS, state in pertinent part that Chapter 94 covers “Parts” whether or not in the rough, of the goods of headings 9401 to 9403, when identifiable by their shape or other specific feature as parts designed solely or principally for an article of those headings; they are classified in this Chapter when not more specifically covered elsewhere. Specifically, the ENs to the HTSUS, at heading 9403, lists several types of stands classified within its provision, such as telephone stands, plant stands, hall stands, umbrella stands, music stands, and easels. An examination of these stands indicate that umbrella stands are for placement of items within, versus telephone stands, music stands and easels that items are placed upon, while plant stands are for both placing items upon or within. Accordingly, we are of the opinion that a floor standing, Swingertm Sidewalk Message Board Sign is a type of display stand allowing for messages to be placed upon, and as such, falls within the meaning of furniture classifiable within Chapter 94, with its heading of 9403, HTSUS, “Other furniture and parts thereof.” Consequently, as the rods are parts of floor standing, sidewalk signs, they fall to subheading 9403.90, HTSUS, parts of other furniture. The applicable subheading for part numbers 25C3400STDSZ/TEE1, 25C2875STDSZ/TEE1, and 25C5275STDSZ/TEE1CTFB, threaded cross rods, will be 9403.90.8041, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Other furniture and parts thereof: Parts: Other: Other: Other: Of metal: Other.” The rate of duty 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/. 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 Neil H. Levy at E-mail address: neil.levy@cbp.dhs.gov. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division