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NY 813030




August 8, 1995

CLA-2-73:S:N:N3:115 813030

CATEGORY: CLASSIFICATION

TARIFF NO.: 7326.90.8590

Mr. K.H. Simpson
Teb-Mar Products Inc.
313 Laurier Ave East
Ottawa, Ontario, Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of "Drilljack" and "Anchorjack" tools from Canada.

Dear Mr. Simpson:

In your letter dated July 20, 1995, you requested a ruling on the status of jack tools from Canada under the NAFTA.

The subject products, models TM-9301 and TM-9302, are known as the "Drilljack" and the "Anchorjack" respectively. The "Drilljack" is an overhead concrete drilling system. No ladders or scaffolding are required. By adjusting the height of the product in 1 inch increments, it greatly facilitates the drilling of holes in concrete ceilings up to 13 feet high and the installation of anchors from which suspended acoustical ceilings are hung. A foot lever, spring, pole, ratchet clamp, hardware and a tool receptacle are the component parts of the system. All are made of steel. The tool itself, an electrical hammer drill, is not part of the importation or the subject of this inquiry. The "Anchorjack" is similar in nature to the "Drilljack" in its components, construction and function. It installs wedge-type ceiling anchors quickly and safely from the floor.

Consideration was given to classifying this product under subheading 8431.10, HTS, as you have suggested. However, as the product does not meet the criteria for or definition of machinery, the parts provision for that heading is deemed inappropriate.

The applicable tariff provision for the jack tools will be 7326.90.8590, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles of iron or steel, other. The general rate of duty will be 5.1% ad valorem.

The jack tools, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note
12(b)(i), and will therefore be entitled to a 1.7% rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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