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NY C83196




March 6, 1998

CLA-2-82:RR:NC:1:115 C83196

CATEGORY: CLASSIFICATION

TARIFF NO.: Various, Chapter 82

Ms. Janet Rogalski
C. H. Powell Company
1 Intercontinental Way
Peabody, Massachusetts 01960

RE: The tariff classification of tools from various countries

Dear Ms. Rogalski:

In your letter of January 9, l998, on behalf of Stanley Tools, you requested a tariff classification ruling.

Article #92-680: a pair of needle nose pliers (c/o China), a pair of slip joint pliers (c/o China), tape ruler (c/o Thailand), and a picture hanging kit (c/o China), with fittings to hold the items.

Article #92-681: a pair of slip joint pliers (c/o China) placed in a fitted vinyl case.

Article #92-683: a pair of cutting pliers (c/o China), pruning shear (c/o China), and a quick point knife (c/o China), placed in a vinyl case with fittings to hold the articles (c/o China).

In the U.S. the following tools are added to complete the set for sale on the retail level.

Article #92-680:two screwdrivers (c/o U.S.A.), hammer (c/o Mexico).

Article #92-681: four screwdrivers (c/o U.S.A), hex key set (c/o U.S.A.).

Article #92-683: utility knife (c/o U.S.A) razor scrapper (c/o U.S.A).

The classification of the imported tools is as follows:

Article #92-680: needle nose pliers HTS 8203.20.6030, 12 cents/dozen plus 5.5 percent ad valorem; slip joint pliers, HTS 8203.20.4000, 12 percent ad valorem; tape measure -instruments for measuring length for use in the hand, HTS 9017.80.0000, 5.3 percent ad valorem; and picture hanging kit, HTS 8302.50.0000, 0.7 percent ad valorem. Article #92-681: slip joint pliers HTS 8203.20.4000, 12 percent ad valorem.

Article #92-683: cutting pliers, HTS 8203.20.6030, 12 cents/dozen plus 5.5 percent ad valorem;pruning shear-secateurs and similar one handed pruners and shears and parts thereof, HTS 8201.50.0000, 1 cent each plus 2.8 percent ad valorem.

It is assumed that the foreign-made tools added to the set in the U.S.A. have been previously imported and were classified under HTS.

This office is interpreting GRI 5(A) to mean that the containers which are specially shaped or fitted to contain an article or set of articles are those designed specifically to accommodate the article for which they are intended GRI 5 (A) ENI(1). A case which is presented with empty compartments is not presented with the article for which it is intended. Therefore the case is excluded from classification as a GRI 5(A) container because it is not presented with the articles for which it is intended. The issue of GRI 5(A) has been addressed in Headquarters Ruling 087113. The classification of the tool case would be under HTS 4202.99.9000 as a case other, other, at 20 percent ad valorem.

The samples submitted to us are being returned to your office. 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 Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Director,

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