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NY M87862

November 9, 2006

CLA-2-82:RR:NC:N1:118 M87862


TARIFF NO.: 8205.59.3010

Mr. Troy Clarke
CBT International, Inc. CHB
110 West Ocean Blvd. Suite 728
Long Beach, California 90802

RE: The tariff classification of a Five Piece Heavy Duty Nail Puller Set from China or Taiwan.

Dear Mr. Clarke:

In your letter received on November 1, 2006, you requested a tariff classification ruling.

The submitted sample is a set of five steel bars. The bars measure 30 inches, 24 inches, 17 inches, 16 inches and 12 inches in length. Each bar has a slotted claw at one end for pulling nails. In addition, they have design features that allow them to be used for prying. The bars are packaged together for retail sale.

The applicable subheading for the five piece nail puller set will be 8205.59.3010, Harmonized Tariff Schedule of the United States (HTSUS), 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: crowbars, track tools and wedges, and parts thereof: crowbars. The rate of duty will be free.

Consideration was given to classifying these articles under 8205.59.5560, HTSUS, as you suggested. However, any bar capable of dislodging nails and prying, dislodging or separating, meets the common and commercial meaning of a crowbar.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The merchandise in question may be subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection

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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