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HQ 963763

May 15, 2001

CLA-2 RR:CR:GC 963763 AM


TARIFF NO.: 8207.90.60

Mr. Christopher Garcia
Kuehne & Nagel, Inc.
8870 Boggy Creek Rd., Ste. 100
Orlando, FL 32824

RE: NY F80648 modified; screwdriver bits for handtools

Dear Mr. Garcia:

This is in reference to NY F80648, issued to you on behalf of Qualtool, Inc., by Customs National Commodity Specialist Division, New York, on December 13, 1999, concerning the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of screwdriver bits for handtools. We have reviewed the decision in NY F80648, and have determined that the classification set forth therein, is in error. This ruling modifies NY F80648 as to the classification of these goods. It does not affect the country of origin marking determination.

Pursuant to section 625 (c), Tariff Act of 1930, as amended (19 U.S.C. 1625(c)), notice of the proposed modification of NY F80648, was published on April 4, 2001, in Volume 35, Number 14, of the CUSTOMS BULLETIN. No comments were received in opposition to the proposed modification.


The sample of screwdriver bits provided by the importer consists of hex shank insert bits which are one inch long and stamped "60-TR7". A catalog page was also submitted showing 1/4 inch and 7/16 inch hex shank power bits of 1-15/16 inch, 2-3/4 inch, 3-1/2 inch and 6 inch lengths and point sizes ranging from 1 to 3. The "power" bits have a ball groove in the shank to mate with the spring-loaded metal ball inside the power screwdriver. The "insert" bits are to be used in hand held magnetic or non-magnetic bit holders that have a notch on the hex shank to allow the C-ring in the bit holder to retain the bit in the holder.

In NY F80648, Customs classified the merchandise in subheading 8207.90.75, HTSUS, which provides for "[I]nterchangeable tools for handtools whether or not power operated or for machine-tools, . . . and parts thereof: [O]ther interchangeable tools, and parts thereof: [O]ther: [N]ot suitable for cutting metal, and parts thereof, [F]or handtools and parts thereof."


The correct classification for screwdriver bits for handtools under the HTSUS.


Merchandise imported into the U.S. is classified under the HTSUS. Tariff classification is governed by the principles set forth in the General Rules of Interpretation (GRIs) and, in the absence of special language or context that requires otherwise, by the Additional U.S. Rules of Interpretation. The GRIs and the Additional U.S. Rules of Interpretation are part of the HTSUS and are to be considered statutory provisions of law.

GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any related section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. GRI 6 requires that the classification of goods in the subheadings of headings shall be determined according to the terms of those subheadings, any related subheading notes and mutatis mutandis, to the GRIs. In interpreting the HTSUS, the Explanatory Notes (ENs) of the Harmonized Commodity Description and Coding System may be utilized. The ENs, although not dispositive or legally binding, provide a commentary on the scope of each heading, and are generally indicative of the proper interpretation of the HTSUSA. See T.D. 8980, 54 Fed. Reg. 35127 (August 23, 1989).

There is no issue at GRI 1, as only heading 8207, HTSUS, is considered. At GRI 6, the following HTSUS subheadings are under consideration:

Interchangeable tools for handtools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof:

8207.90 Other interchangeable tools, and parts thereof: Other:

8207.90.60 For handtools, and parts thereof

8207.90.75 Other

Heading 8207 describes interchangeable tools for handtools, whether or not power operated. The competing provisions differ at the eight digit level. Thus the issue narrows to whether these bits are correctly described as "for handtools, and parts thereof" or "other" (than for handtools, and parts thereof). We note that these bits are used in power and in non-power handtools. The merchandise is therefore classified under the provision correctly specifying the type of tool in which the bits are used.


The hex shank power and insert bits are classified in subheading 8207.90.60, HTSUS, the provision for "[I]nterchangeable tools for handtools whether or not power operated or for machine-tools, . . . and parts thereof: [O]ther interchangeable tools, and parts thereof: [O]ther: [N]ot suitable for cutting metal, and parts thereof, [F]or handtools and parts thereof."


NY F80648, issued December 13, 1999, is modified in accordance with this ruling.

In accordance with 19 U.S.C. ยง1625(c)(1), this ruling will become effective 60 days after its publication in the CUSTOMS BULLETIN.


John Durant, Director
Commercial Rulings Division

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