HQ 961974

June 15, 1999

CLA-2 RR:CR:GC 961974ptl

CATEGORY: Classification

TARIFF NO.: 7317.00.6530; 7319.30.5010

Port Director

U.S. Customs Service

P.O. Box 619050

Dallas/Fort Worth Airport, Texas 75261

RE.: IA 14/98; Push Points; Glazier Points; Push Pins; NY A82094.

Dear Port Director:

This is in response to your memorandum of May 19, 1998 (CLA
1-01:D:C:CLN), forwarding a request for Internal Advice (IA14/98)
submitted by Evans and Wood & Co. Inc., on behalf of Greco Frame and
Supply, concerning the classification of push points, or glazier points,
and push pins under the Harmonized Tariff Schedule of the United States
(HTSUS). We regret the delay in responding.

**FACTS:**

Classification has been requested for two products. The first is
identified as "push points" or "glazier points". The metal article is
used in the back of a picture frame to hold both the picture and glass
in the frame. It is "T" shaped, flat, approximately ½\" long, with a
sharp, pointed end at the base. At the mid-point, two "arms" have been
bent upward to prevent the point from being pushed further into the
frame. The requester believes that these glazier points are classified
in subheading 7317.00.6560, 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, other.

The other article, identified as a "push pin" is approximately \_\"
long. Half the article is a plastic, spool-shaped handle which a user
holds while pushing the other, metal, pin-like end into some surface.
The requester believes that the article should be classified in
subheading 7317.00.1000, HTSUS, the provision for thumb tacks.

**LAW AND ANALYSIS:**

Merchandise is classifiable under the Harmonized Tariff Schedule of the
United States (HTSUS) in accordance with the General Rules of
Interpretation (GRIs). The systematic detail of the HTSUS is such that
virtually all goods are classified by application of GRI 1, that is,
according to the terms of the headings of the tariff schedule and any
relative Section or Chapter Notes. In the event that the goods cannot be
classified solely on the basis of GRI 1, and if the headings and legal
notes do not otherwise require, the remaining GRIs may then be applied
in order.

In understanding the language of the HTSUS, the Harmonized Commodity
Description and Coding System Explanatory Notes may be utilized. The
Explanatory Notes (ENs), although not dispositive or legally binding,
provide a commentary on the scope of each heading of the HTSUS, and are
generally indicative of the proper interpretation of these headings.
[See]{.underline} T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23,
1989).

The HTSUS headings under consideration are as follows:

**7317**.00 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:

7317.00.1000 Thumb tacks.

\* \* \*

Other

\* \* \*

7317.00.65 Other.

7317.00.6530 Cut.

**7319** Sewing needles, knitting needles, bodkins, crochet

hooks, embroidery stilettos and similar articles

for use in the hand, of iron or steel; safety pins

and other pins of iron or steel, not elsewhere

specified or included:

\* \* \*

7319.30 Other pins:

\* \* \*

7319.30.50 Other.

7319.30.5010 Push pins.

To classify the glazier points, we refer to the ENs to heading 71.17
which provide, in part:

The heading covers:

\(A\) Nails, tacks, staples (other than those of heading 83.05) and
similar articles, usually manufactured by the following methods:

\* \* \*

\(3\) Cutting from sheet or strip followed, if necessary, by finishing
either mechanically or by hand.

\* \* \*

> There are many types of these goods including:
>
> Wire nails of uniform cross‑section as used by carpenters, etc.;
> moulders' nails; glazing nails; cobblers' nails; staples (insulated or
> not) pointed at both ends, for electric wiring, picture frames,
> fencing, etc. and other staples not presented in strips; pointed
> screw‑nails with twisted shanks and unslotted heads; tacks and sprigs
> for cobblers, upholsterers, etc.; hobnails for heavy duty footwear;
> nails for pictures, mirrors, fencing, etc.; unthreaded nails for
> shoeing animals; unthreaded
>
> frost studs for animals; **small triangles, etc. (usually of
> tin‑plate) used for fixing window‑panes;** decorative studs for
> upholsterers; studs for marking railway sleepers. (Emphasis added)

Clearly, the glazier points are included among the exemplars of the EN,
and are properly classified in that heading. An examination of the
article indicates that it has been cut from sheet steel. It has been
finished by having the two "arms" made to prevent the article's being
driven too deeply into the frame. Accordingly, the statistical suffix
indicating that the article has been cut applies, and the article is
classified in subheading 7317.00.6530, HTSUS.

The requester has indicated that it believes because the push pins are
used like thumb tacks, they should be classified in subheading
7317.00.10, HTSUS, which provides for thumb tacks. However, we are also
presented with a statistical subheading 7319.30.5010, HTSUS, which
expressly provides for push pins. Since we do not determine
classification by reference to statistical suffixes, we must determine
which heading is correct.

Tariff terms are to be construed in accordance with their common and
commercial meanings which are presumed to be the same ([Nippon Kogaku,
Inc. v. United States]{.underline}, 69 CCPA 89, 92, 673 F.2d 380 (1982);
see also [Nylos Trading Company v. United States]{.underline}, 37 CCPA
71, 73, C.A.D. 423 (1949), and [Winter-Wolff, Inc. v. United
States]{.underline}, CIT Slip Opinion 98-15 ([Customs Bulletin and
Decisions]{.underline}, March 25, 1998, vol 32, no. 12, 71 at 74, "When,
however, a tariff term is not clearly defined by the statute or its
legislative history, it is also fundamental that the correct meaning of
the tariff term is 'presumed to be the same as its common or dictionary
meaning in the absence of evidence to the contrary'"). The word "tack"
is not defined in either the tariff or the legislative history. The ENs
to heading 7317, HTSUS, cited above, provide many examples of articles
which fall within the scope of that heading, but even the ENs do not
define the word "tack". We therefore turn to the dictionary definition
of "tack" which is "a short light nail with a sharp point and a flat
head" [Webster's II New Riverside University Dictionary]{.underline}
(1984).

The push pin at issue has a very definite head to provide the pin with
its utility and which is intended to be grasped by the user. This head
is not flat and distinguishes the push pin from the articles listed in
the EN to heading 7317, HTSUS. Heading 7319, HTSUS, includes, in its
coverage, "other pins \... not elsewhere specified or included." Based
on this analysis, we have determined that the push pins are properly
classified in subheading 7319.30.5010, HTSUS. This is consistent with
the ruling in NY A82094, dated April 11, 1996.

**HOLDING:**

The glazier points are classified in subheading 7317.00.6530, 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, other, cut.

The push pins are classified in subheading 7319.30.5010, HTSUS, which
provides for sewing needles, knitting needles, bodkins, crochet hooks,
embroidery stilettos and similar articles for use in the hand, of iron
or steel; safety pins and other pins of iron or steel, not elsewhere
specified or included: other pins: other, push pins.

You are to mail this decision to the internal advice applicant no later
than 60 days from the date of this letter. On that date, the Office of
Regulations and Rulings will make the decision available to Customs
personnel, and to the public on the Customs Home Page on the World Wide
Web at www.customs.gov, by means of the Freedom of Information Act, and
other methods of public distribution.

Sincerely,

John Durant, Director

Commercial Rulings Division