The tariff classification of a steel threaded pipe and steel adjustment nut assembly from China

N302031 February 4, 2019 CLA-2-73:OT:RR:NC:N1:117 CATEGORY: Classification TARIFF NO.: 7308.90.9590; 9903.88.02 Ms. Lisa Stasiak Marisol International dba Ascent Global Logistics 2424 W. Kingsley, Suite C Springfield, MO 65807 RE: The tariff classification of a steel threaded pipe and steel adjustment nut assembly from China Dear Ms. Stasiak: In your letter dated November 30, 2018 you requested a tariff classification ruling on behalf of your client, Ellis Manufacturing Company Inc. The product intended to be imported is a steel threaded pipe and steel adjustment nut assembly. The pipe and nut assembly are to be used as components of heavy-duty steel lifting shores and jack posts in shoring devices that are used in commercial and residential construction. You have indicated that the steel adjustment nut may also be a separate import. In your letter you propose classifying the articles under subheading 8431.10, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles solely or principally used with the machinery of heading 8425 or in the alternative subheading 7318.16, HTSUS, which provides for nuts. This office disagrees. As the articles are not solely or principally used with the machinery of heading 8425, classification in subheading 8431.10, HTSUS, would not be appropriate. With regard to classification in subheading 7318.16, HTSUS, the articles, described as construction shoring components to include a threaded pipe and steel adjustment nut assembly and a steel adjustment nut, are components of heavy duty steel lifting shores and jack posts. The adjustment nut assembly and adjustment nut do not secure to the end of a threaded fastener for the purpose of securing items together. Instead, they work to extend a threaded pipe to meet space requirements to provide temporary or permanent support for a heavy load. According to your documentation, the three different sizes extend pipe 13-20 inches, 31-56 inches, and 55-80 inches. The Explanatory Notes of 73.18 exclude “threaded mechanisms, sometimes called screws, used to transmit motion, or otherwise act as an active part of a machine.” The threaded pipe and steel adjustment nut assembly and the steel adjustment nut allow for movement of the components and are excluded from heading 7318. Therefore, classification of these items within heading 7318 would not be appropriate. The applicable subheading for the steel threaded pipe, steel adjustment nut assembly, and the separately imported steel adjustment nut will be 7308.90.9590, HTSUS, which provides for structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge sections, lock gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns) of iron or steel aluminum structures (excluding prefabricated buildings of heading 9406) and parts of structures (for example, bridges and bridge-sections, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, balustrades, pillars and columns) of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel: other: other: other: other: 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 at https://hts.usitc.gov/current. Effective July 6, 2018, the Office of the United States Trade Representative (USTR) imposed an additional tariff on certain products of China classified in the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(b), HTSUS.  The USTR imposed additional tariffs, effective August 23, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(d), HTSUS.  Subsequently, the USTR imposed further tariffs, effective September 24, 2018, on products classified under the subheadings enumerated in Section XXII, Chapter 99, Subchapter III U.S. Note 20(f) and U.S. Note 20(g), HTSUS. For additional information, please see the relevant Federal Register notices dated June 20, 2018 (83 F.R. 28710), August 16, 2018 (83 F.R. 40823), and September 21, 2018 (83 F.R. 47974).  Products of China that are provided for in subheading 9903.88.01, 9903.88.02, 9903.88.03, or 9903.88.04 and classified in one of the subheadings enumerated in U.S. Note 20(b), U.S. Note 20(d), U.S. Note 20(f) or U.S. Note 20(g) to subchapter III shall continue to be subject to antidumping, countervailing, or other duties, fees and charges that apply to such products, as well as to those imposed by the aforementioned Chapter 99 subheadings. Products of China classified under subheading 7308.90.9590, HTSUS, unless specifically excluded, are subject to the additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.02, in addition to subheading 7308.90.9590, HTSUS, listed above. The tariff is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Notice cited above and the 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 Angelia Amerson at angelia.amerson@dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division