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NY F85012




April 7, 2000

CLA-2-82:RR:NC:1:118 F85012

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.20.3000; 8203.20.6030; 8211.93.0060; 9609.10.0000; 9017.20.8080; 9017.80.0000; 8205.40.0000; 6307.90.9989

Mr. Troy Myers
WalMart Stores, Inc.
702 Southwest 8th Street
Bentonville, AR 72716-8023

RE: The tariff classification of a 9-piece tool kit from China.

Dear Mr. Myers:

In your letter dated March 14, 2000, you requested a tariff classification ruling. Your submitted sample will be returned to you as requested.

You have described the submitted sample as follows:

A 9-piece tool kit, stock # UJ0541CW which includes the following:

1) 13 oz. claw hammer - with a wood handle 2) 6” long nose pliers
3) Utility knife, zinc die cast - with a manually operated push lever to facilitate a blade 4) Carpenter pencil - 7” in length
5) Triangle square - metallic
6) 3M/10’ measuring tape - with a steel tape 7) 2 screwdrivers – 4” phillips & 4” slotted (although both samples had slotted blades) 8) Tool apron - made of woven textile fabric, pocketed and belted

Each of the items is separately classified and is not considered a set for classification purposes. This tool kit which may be considered utilized in the same general area, does not consist of products put up together to meet a particular need or to carry out a specific activity as explained in the General Explanatory Notes to the Generalized Rules of Interpretation (GRI), Rule 3(b)(X).

The applicable subheading for the claw hammer will be 8205.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for hammers and sledge hammers, and parts thereof: with heads not over 1.5 kg each. The duty rate will be 6.2% ad valorem.

The applicable subheading for the 6” long nose pliers will be 8203.20.6030, HTS, which provides for pliers (including cutting pliers), pincers, and parts thereof: other: other (except parts): pliers. The duty rate will be 12¢/doz. + 5.5% ad valorem.

The applicable subheading for the utility knife will be 8211.93.0060, HTS, which provides for knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades: other (including parts). The duty rate will be 3¢ each + 5.4% ad valorem.

The applicable subheading for the carpenter pencil will be 9609.10.0000, HTS, which provides for pencils and crayons, with leads encased in a rigid sheath. The duty rate will be 14¢/gross + 4.3% ad valorem.

Cased pencils from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

The applicable subheading for the triangle square will be 9017.20.8080, HTS, which provides for other drawing, marking-out instruments or mathematical calculating instruments: other: other. The duty rate will be 4.6% ad valorem.

The applicable subheading for the measuring tape will be 9017.80.0000, HTS, which provides for other instruments for measuring length, for use in the hand. The duty rate will be 5.3% ad valorem.

The applicable subheading for the phillips and slotted screwdrivers will be 8205.40.0000, HTS, which provides for screwdrivers, and parts thereof. The duty rate will be 6.2% ad valorem.

The applicable subheading for the tool apron will be 6307.90.9989, HTS, which provides for other made up articles, including dress patterns: other: other: other: other. The duty rate will be 7% 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 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 Kathy Campanelli at 212-637-7025.

Sincerely,

Robert B. Swierupski
Director

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