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NY J83898

May 6, 2003

CLA-2-84:RR:NC:1:104 J83898


TARIFF NO.: 8423.10.0030

Ms. Jenny Davenport
Wal Mart Stores, Inc.
Mail Stop # 0410 - L - 32
601 N. Walton
Bentonville, Arkansas 72716-0410

RE: The tariff classification of a fishing tool from China

Dear Ms. Davenport:

In your letter dated April 17, 2003 you requested a tariff classification ruling.

The hand held fishing tool, style number WM-5782E, features a spring type scale, a fish scaler blade and a three-foot tape measure. A sample has been provided and will be returned. The blade and tape measure are retractable. The scale, incorporated in one side of the tool’s plastic housing, is calibrated to 6 kg (13 1/4 lbs). A metal hook at the base of the scale mechanism flips down to hold the fish to be weighed. The hook is held in place when not in use by a small magnetic plate below the scale.

You suggest that this fishing tool should be classified as a fishing accessory under HTS subheading 9507.90.8000. Heading 9507 includes items such as fishing rods, fish hooks and other line fishing tackle; it is not a provision for fishing accessories in general.

The fishing tool is a composite good consisting of three different components, the spring scale, the scaling tool and the tape measure. It is our opinion that the spring scale is the feature which imparts the essential character to this item.

The applicable subheading for the fishing tool, style number WM-5782E, will be 8423.10.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight -operated counting or checking machines: personal weighing machines, including baby scales; household scales. 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 646-733-3011.


Robert B. Swierupski

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