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NY N022622





February 14, 2008

CLA-2-84:OT:RR:E:NC:N1:106

CATEGORY: CLASSIFICATION

TARIFF NO.: 8428.90.0190

Mr. Gordon Daniel Thiessen
President
GT Automation, Inc.
21226 95A Ave.
Langley, British Columbia
V1M 1P2, Canada

RE: The tariff classification of a heavy tool support arm from Canada.

Dear Mr. Thiessen:

In your letter dated January 30, 2008 you requested a tariff classification ruling. You included schematic materials, the patent documents and commercial sales information with your request.

The merchandise at issue is referred to as a heavy tool support arm. The device is designed to support, handle and bear the weight of large, hand operated power tools such as pneumatic drills and jackhammers so that the user is subject to less stress from supporting and handling these during use. The device consists of a clamp which allows attachment to shoring poles or scaffolding, adjustable vertical and horizontal arm sections and a tool support bracket to which the actual tool in use attaches. The support can be manipulated to a number of positions and allows for easy movement of the tool while in use by the worker as necessary within the range of the arm. The device is portable in that it can be moved from location to location within a work area or to different work area as needed.

The applicable subheading for the heavy tool support arm will be 8428.90.0190, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other lifting, handlingmachinery: other machinery, other. The general rate of duty will be free.

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 Mark Palasek at 646-733-3013.

Sincerely,

Robert B. Swierupski
Director,

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