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NY K83209

February 19, 2004
CLA-2-82:RR:NC:1:118 K83209


TARIFF NO.: 8205.59.5510

Mr. John Carrier
Central Purchasing, Inc.
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of welders tools from China and India.

Dear Mr. Carrier:

In your letter dated February 11, 2004, you requested a tariff classification ruling. The samples that you have submitted will be returned to you as requested.

You have called your samples welders tools and they were further described as follows:

 SKU 39865 - is a combination wire brush/slag remover/chipper, the brush being 4¾” long x ¾” wide having three rows of metal bristles approximately 5/8” high. The slag chipping portion of the tool has a beveled chisel edge for removing slag, ¾” diameter x 3¾” long. The metal handle is coiled for diffusing heat. The steel tool is made in China.

 SKU 43134 - is a slag removal chipping tool, having a horizontal beveled chisel edge on one face and a vertical beveled chisel edge on the opposite face. It is also called a welders hammer weighing 1¼ pounds and its head is made of alloy steel. The head is attached to a wooden handle with an overall length of 12½”. The tool is made in China.

 SKU 38853 - is a slag removal chipping tool, having a vertical beveled chisel edge on one face and a pointed tip on the opposite face. It has a 6½” head and a 10½” handle which is made of coiled metal to diffuse heat. The steel tool is made in India.

The applicable subheading for all three welders tools will be 8205.59.5510, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: other: of iron or steel: other: edged handtools: other. The general rate of duty will be 5.3% ad valorem.

Articles classifiable under subheading 8205.59.5510, HTS, which are products of India are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.cbp.gov.

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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