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NY B86257




June 11, 1997

CLA-2-90:TC:MSC:C24:B86257

CATEGORY: CLASSIFICATION

TARIFF NO: 9031.80.0080

Mr. Daniel Grieszmer
Hillman Fastener
10590 Hamilton Avenue
P.O. Box 31012
Cincinnati, OH 45231-0012

RE: The tariff classification of a bolt gauge from Taiwan

Dear Mr. Grieszmer:

In your letter dated June 3, 1997, you requested a tariff classification ruling.

The sample you provided is constructed of ABS plastic. It measures approximately 9 inches in length, 4 inches in width, and 1/4 inch in thickness. Holes of various sizes have been drilled into the plastic. Each hole corresponds to a particular size bolt. The size of a bolt is determined by inserting it into the holes until a positive match is made. The gauge is also printed with scales for measuring the length of a bolt. The gauge has no adjustable devices.

The applicable subheading for the bolt gauge will be 9031.80.0080, Harmonized Tariff Schedule of the United States, which provides for measuring or checking instruments, appliances and machines, not specified or elsewhere included in Chapter 90; other. The rate of duty will be 3 percent ad valorem.

It was noted that the sample you provided was not marked with the country of origin. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. ?1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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,

Thomas S. Winkowski
Area Port Director

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