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The tariff classification of a Bushing from Taiwan
Issued June 3, 2011 by U.S. Customs and Border Protection.
Cite this ruling
Copies to clipboardN1 N164338 (June 3, 2011)
Tariff classification
HTS codes: 8467.92.0090
Headings: 8467
Product description
The item being imported is a plastic molded tube called a bushing (Item #9R189717). The plastic bushing fits inside a spring used exclusively on a hand held, pneumatic nailer. In your letter, you proposed that the plastic bushing be classified in subheading 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The plastic bushing would be more specifically provided for as a part of a pneumatic tool rather than as a plastic article. In situations where there are two competing subheadings, the “Rule of Specificity” must be considered. In Carl Zeiss, Inc. v. United States, 195 F.3d, 1375, 1380 (Fed. Cir. 1999) (citing Orlando Food Corp. v United States, 140 F.3d 1437, 1441 (Fed. Cir. 1998)), the Court of Appeals for the Federal Circuit stated that under the rule of specificity, “the court will look to the provision with requirements that are more difficult to satisfy and that describe the article with the greatest degree of accuracy and certainty.” Merchandise is classifiable under the tariff provision having requirements/terms which are more difficult to satisfy and more restrictive. In this instance, the language of heading 8467, HTSUS, is more restrictive and difficult to satisfy than that of heading 3926, HTSUS. It also describes the plastic component with greater accuracy and certainty. Thus, classification in heading 3926, HTSUS, would not be appropriate.
CBP rationale
The applicable subheading for the plastic Bushing, Item #9R189717, will be 8467.92.0090, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Parts: Of pneumatic tools…Other.
Full text
N164338 June 3, 2011 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8467.92.0090 Ms. Donna L. Hiltpold Stanley Black & Decker 480 Myrtle Street New Britain, CT 06053 RE: The tariff classification of a Bushing from Taiwan Dear Ms. Hiltpold: In your letter dated May 5, 2011 you requested a tariff classification ruling. The item being imported is a plastic molded tube called a bushing (Item #9R189717). The plastic bushing fits inside a spring used exclusively on a hand held, pneumatic nailer. In your letter, you proposed that the plastic bushing be classified in subheading 3926.90.9980, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, other. The plastic bushing would be more specifically provided for as a part of a pneumatic tool rather than as a plastic article. In situations where there are two competing subheadings, the “Rule of Specificity” must be considered. In Carl Zeiss, Inc. v. United States, 195 F.3d, 1375, 1380 (Fed. Cir. 1999) (citing Orlando Food Corp. v United States, 140 F.3d 1437, 1441 (Fed. Cir. 1998)), the Court of Appeals for the Federal Circuit stated that under the rule of specificity, “the court will look to the provision with requirements that are more difficult to satisfy and that describe the article with the greatest degree of accuracy and certainty.” Merchandise is classifiable under the tariff provision having requirements/terms which are more difficult to satisfy and more restrictive. In this instance, the language of heading 8467, HTSUS, is more restrictive and difficult to satisfy than that of heading 3926, HTSUS. It also describes the plastic component with greater accuracy and certainty. Thus, classification in heading 3926, HTSUS, would not be appropriate. The applicable subheading for the plastic Bushing, Item #9R189717, will be 8467.92.0090, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Parts: Of pneumatic tools…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 Patricia O’Donnell at (646) 733-3011. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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