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NY R05062

October 23, 2006

CLA-2-82:RR:E:NC:N1:118 R05062


TARIFF NO.: 8206.00.0000/8203.20.4000

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a “Flashlight Radio Tool Kit” from China.

Dear Mr. Crago:

In your letter dated October 16, 2006, you requested a tariff classification ruling for a “Flashlight Radio Tool Kit.”

You have stated that the “Flashlight Radio Tool Kit” (item number C002CA00003) is a combination AM/FM radio, spotlight/flashlight (lantern)/emergency blinking light, and siren alarm. The body/casing of the item is made of polypropylene and holds a thirteen-piece toolkit. The lantern and radio are operated by either four “C” batteries (not included) or by a car lighter adapter that is included with the kit. All of the items are packaged together prior to importation, ready for retail sale.

The thirteen-piece toolkit that is housed in the casing of the lantern/radio/siren includes the following items: One 8-ounce hammer with carbon steel head and PVC handle. One adjustable wrench made of carbon steel. One Phillips screwdriver made of carbon steel with PVC handle. One flathead screwdriver made of carbon steel with PVC handle. Hex key set consisting of eight pieces made of carbon steel. One slip-joint pliers made of carbon steel with PVC handle.

The applicable subheading for the “Flashlight Radio Tool Kit” will be 8206.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for tools of two or more of the headings of 8202 to 8205, put up in sets for retail sale. Heading 8206 requires that duty be applied to that article in the set subject to the highest rate of duty. The article in this set subject to the highest rate of duty is the slip-joint pliers, classifiable in subheading 8203.20.4000, (HTSUS), which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: other: slip joint pliers. The rate of duty will be 12% ad valorem.

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/.

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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