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NY 802981




October 14, 1994

CLA-2-82:S:N:N3:115 802981

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.70.0090

Mr. Gary G. French
Express Customs Service
675 W. 7th Street
P.O. Box 5063
San Pedro, CA 90733-5063

RE: The tariff classification of locking clamps from China.

Dear Mr. French:

In your letter dated October 3, 1994, you requested a tariff classification ruling, on behalf of your client, K & F Group Corp., City of Industry, CA.

The subject items are described as follows:
a) 10" Locking Welding Clamp - model #30171 - The welding clamp is for holding objects together for the purpose of welding them.
b) Locking "C" Clamp - models #30160, #30161 and #30162 - The "C" clamp is also used for this purpose and for holding or clamping irregularly shaped items.
c) 3 pc Locking "C" Clamp Set - model #30163 - same as above.

All of these tools have an adjusting screw on one handle to be closed to the approximate size of an object and a complex levering action on the other handle locks the "jaws" onto the object with great force, allowing them to clamp down and hold the object tightly. The "jaws" of all 5 models are not in the shape associated with pliers or wrenches. Due to the large opening of the "C" clamps, very little twisting, torquing or wrenching force can be applied.

The classification of merchandise under the HTS is governed by the General Rules of Interpretation (GRI'S). GRI 1, HTS, states in part that "for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes...". This Rule applies to your product.

The applicable subheading for all 3 items above will be 8205.70.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for vises, clamps and the like, and parts thereof... vises: other. The duty rate will be 5% ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

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.

Sincerely,

Jean F. Maguire
Area Director

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