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NY B82061





February 14, 1997

CLA-2-82:RR:NC:1:115 B82601

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5560

Mr. Steve Rapp
Salt of the Earth
Box 88658
Sioux Falls, SD 57105

RE: The tariff classification of a hand tool from Czechoslavakia.

Dear Mr. Rapp:

In your letter dated January 24, 1997, you requested a tariff classification ruling.

The subject item is described as a green tool. It is a 3", steel plated, 2 pronged tool which swings open and shut. Its principal use will be to remove divots on golf courses, caused by playing the game of golf.

The applicable subheading for the hand tool will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for other handtools not elsewhere specified or included; base metal parts thereof: of iron or steel: other. The duty rate will be 5.3% ad valorem.

Articles classifiable under subheading 8205.59.5560, HTS, which are products of Czeckoslavakia, are entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

Consideration was given to classifying this product under subheading 8201.90.6000, HTS, as you have suggested. However, as the tool is not used for agricultural purposes, that classification is deemed inappropriate.

Your query also requests a country of origin marking ruling on the hand tool. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this 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 Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Chief, Metals & Machinery Branch

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