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NY G84541

November 30, 2000

CLA-2-85:RR:NC:1:104 G84541


TARIFF NO.: 8508.80.0090

Mr. David Levine
Toolovation, LLC
23500 Mercantile Road, Suite A
Beachwood, Ohio 44124

RE: The tariff classification of a hand-held lawn and garden power tool from China.

Dear Mr. Levine:

In your letter dated November 14, 2000 you requested a tariff classification ruling.

The Cultiweeder will be used by homeowners for periodic lawn and garden maintenance. Depending on the attachment used, the tool may be used to weed, cultivate or dig holes. The weeding attachment enables the user to remove rooted weeds such as dandelions. The cultivating attachment enables the user to remove large spreading weed clusters and cultivate 4” of soil depth per pass. With the bulb augur attachment, the user can creates holes up to 6” deep and 3” in diameter for planting bulbs, annuals or other plants, flowers or vegetables.

The Cultiweeder is a hand-held, pogo-stick-shaped power tool that runs on rechargeable batteries that supply power to an electric motor which drives a gear arrangement. The tool weighs approximately 5lbs, 8oz and has an overall length of approximately three feet when fitted with any of the three hardened steel attachments included with the tool.

The applicable subheading for the Cultiweeder will be 8508.80.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical tools for working in the hand with self-contained electric motor: other tools. The rate of duty will be free.

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 Robert Losche at 212-637-7038.


Robert B. Swierupski

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