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NY D86699




January 20, 1999

CLA-2-82:RR:NC:115 D86699

CATEGORY: CLASSIFICATION

TARIFF NO.: 8213.00.9000

Mr. Sidney N.Weiss
90 Park Avenue
New York, NY 10016

RE: The tariff classification of the Dolphin I Tool from Taiwan.

Dear Mr. Weiss:

In your letter dated January 12, 1999 you requested a tariff classification ruling on behalf of your client Media Brands, LLC.

The sample submitted is a multi-functional tool. The many functions of the tool include Fruit/Vegetable Peeler, Fish Scaler, Paper/Cloth Scissors, Leather Shears, Garden Clipper, Sheet Metal Shears, Fish Cutting Scissors, Poultry Scissors, Can Opener, Lift Top Can Opener, Cable Clipper, Cable Shaper, Wrench, Crab Clipper, Nut Clamp, Electric-Clip Holder, Bottle Opener, Screw-Top Bottle Opener, Screw-Top Jar Opener and Power-Saving Revit (Adjustable). The tool fits into a fitted blister package. The back of the blister card has pictures showing how the different tools are used. The front of the blister pack has the trademark Good Tools and Dolphin I printed on the cardboard.

In applying the General Rules of Interpretation for classification it is the opinion of this office that no implement gives the tool its essential character. Classification will be based on General Rules of Interpretation 3(c) which states when goods cannot be classified by reference to 3(a) or 3(b) they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration.

The applicable subheading for the Dolphin I Tool will be 8213.00.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Scissors,tailors’ shears and similar shears, and blades and other base metal parts thereof: Valued over $1.75/dozen: Other (including parts. The rate of duty will be 6.5 cents each + 6.5% ad valorem.

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 Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Director,

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