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NY N004376

January 10, 2007



TARIFF NO.: 8207.90.6000

Mr. Michael R. Carr
Hellmann Worldwide Logistics, Inc.
1200 Minters Chapel Road, Suite 300
Grapevine, TX 76051

RE: The tariff classification of a pry bar set from China

Dear Mr. Carr:

In your letter dated November 28, 2006 on behalf of Artillery Tools, LLC you requested a tariff classification ruling.

The pry bar system is designed for removal of building materials (such as siding and flooring materials) and demolition jobs. The system consists of: (1) standard and extension handles, (2) aluminum fulcrums and accessorial fulcrum extenders, (3) heavy forged steel blades, (4) an adjustable wrench, (5) a Philips head screwdriver and (6) hardware (hex bolt and screws) for attaching the fulcrum and the blades to the handle. All the described articles are packaged in a rigid plastic carrying/storage case specifically designed to contain the articles. The standard and extension handles are made of low carbon steel tubing, fitted with a foam grip and machined on one end for attaching the fulcrum. The extension handle is machined on both ends (one end threaded to accept the standard handle and the other threaded to insert into the fulcrum). The aluminum fulcrums are designed for advanced prying ability while the accessorial fulcrum extenders are designed to provide extra lateral stability when prying with wider blades.

The above set consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., demolition/removal of building materials). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kits in question are within the term “goods put up in sets for retail sale.”

In your letter, you suggested classifying the pry bar set in subheading 8205, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools not elsewhere specified or included. However, the pry bar set, which is made up of several components (extension handles, fulcrums and multiple heads and blades) is a set consisting of various items, not a single tool classified within heading 8205. Accordingly, each component is classified separately to determine the classification pursuant to GRI 3. GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. In this instance, the blades impart the essential character to this pry bar set.

You also state that you do not believe this merchandise to be subject to the Department of Commerce (“DOC”) Antidumping Order A-570-803. Said order covers heavy forged hand tools, finished or unfinished, with or without handles, from the People’s Republic of China. However, you state that you “do not believe that classification inside subheading 8205.59.30 is inclusive in the D.O.C. order.” You indicate that a separate scope ruling will be requested from the DOC “if and when necessary.”

From your statements, it appears that you are cognizant of the facts that (1) 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, (2) a list of AD/CVD proceedings at the Department of Commerce (DOC) and (3) 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. It should be noted that the tariff classifications listed in the antidumping order are provided for convenience and U.S. Customs and Border Protection purposes. It is the written description of the scope of the order that is dispositive. Thus, it would most likely be in your best interests to pursue a scope ruling on the product regardless of the classification.

The applicable subheading for the above described pry bar set will be 8207.90.6000, HTSUS, which provides for interchangeable tools for handtools, whether or not power operated, or machine tools : other interchangeable tools, and parts thereof: other: other: not suitable for cutting metal, and parts thereof: for handtools, and parts thereof. The rate of duty will be 4.3 percent 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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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