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NY 802967



October 12, 1994

CLA-2-82:S:N:N3:115 802967

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.40.0000; 8207.90.6000

Mr. Mick Blakely
C.F. Liebert, Inc.
#8 - 12th Street
P.O. Box 1890
Blaine, WA 98231-1890

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of screwdrivers from Canada and bits from Taiwan

Dear Mr. Blakely:

In your original letter dated August 11, 1994, on behalf of Picquic Tool Co., Vancouver, B.C., Canada, you requested a binding ruling on the status of screwdrivers, bitpacs and sharpeners from Canada under the NAFTA pertaining to classification and the country of origin marking requirements. A response to that letter, dated September 9, 1994, was previously mailed to you.

This office now is in receipt of your fax dated September 16, 1994, where you ask for clarification of that NY Ruling letter 801378 dated September 13, 1994. You further describe and explain that screwdriver models 88101 and 91102 as having bits made in Taiwan being imported into Canada and incorporated with a handle section and its bit holder (working end). The bits are classified in Canada under HTS 8207.90. This HTS is the same as the bits imported into the United States.

Both models 88101 and 91102 are not eligible for NAFTA consideration because the conditions set forth in Section 102.11 General Rules and Section 102.20 Specific Tariff Rules outlined in Treasury Decision 94-4 are not met. The applicable subheading for the bits described in models 88101 and 91102 will be 8207.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for interchangeable tools for handtools, whether or not power-operated, or for machine-tools: other interchangeable tools, and parts thereof: other: not suitable for cutting metal, and parts thereof: for handtools, and parts thereof... The duty rate will be 6.2% ad valorem.

The applicable subheading for the handle section which is a product of the United States or Canada will be 8205.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for screwdrivers and parts thereof. The Canadian rate of duty will be 2.4% ad valorem.

The marking of screwdriver models 88101 and 91102 will be as follows:

The screwdriver handles will be marked "Canada."

The accompanying bits will be marked as follows:

Country of Origin marking requirements of imported rotary metal cutting tools. {T.D. 84-214}. As published in the Federal Register Volume 49, No. 203 dated Thursday October 18, 1984 on pages 40802-40804 the above described tools which include twist drills and the like are exempt from marking if their diameters are less than 3/16". At that size, it has been ruled that they are incapable of being marked. Please note that for cutting tools 3/16" in diameter and larger, they must be marked by means of die stamping in a contrasting color, by raised lettering, by engraving, or by some other permanent method of marking. These principles apply to your bits.

The originally submitted literature indicated that the screwdriver sets would be packaged in a "dynamic contemporary packaging."

The following rules of country of origin marking are applicable:

For the Bits - They will be marked "Made in Taiwan" on the plastic re-usable case as prescribed in the Section 304 of the Tariff Act of 1930 paragraph cited above.

For the Plastic Re-Usable Cases - They will be marked "Made in Canada" (as your sample reveals). Furthermore, should the name of your company, Picquic Tool Co. Inc., and telephone number appear on the case, the marking requirement for the bits "Made in Taiwan" must appear in close proximity to the "Made in Canada" marking and with the same size lettering.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.

Sincerely,

Jean F. Maguire
Area Director

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