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HQ 963722




February 23, 2000

CLA-2 RR:CR:GC 963722 BJB

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.55

Robert Noell, Vice President
Cain Customs Brokers, Inc.
1701 E. Industrial Park
P.O. Box 1809
Hidalgo, TX 78557

RE: Hand-held drain cleaning equipment; Modification of NY F81172.

Dear Mr. Noell:

This is in reference to NY F81172, which the Director of Customs National Commodity Specialist Division, New York, issued to you on December 28, 1999, on behalf of Ridge Tool Company. This ruling concerned the classification, under the Harmonized Tariff Schedule of the United States (HTSUS), of three models of hand-held drain cleaning equipment.

We have reviewed the decision in NY F81172 and have determined that the classification of one model, the K-3 Closet Auger, is in error. This ruling modifies NY F81172 with respect to this model.

FACTS:

The merchandise consists of a manually operated handtool, model K-3 Closet Auger. The operator inserts the end of the equipment into the pipe or drain and cranks the handle that rotates the tool to remove the obstruction. In NY F81172, model K-3 Closet Auger was classified under subheading 8207.90.75, HTSUS, which provides for “Interchangeable tools for handtools, whether or not power operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof. Other. Other. “

The HTSUS headings under consideration are as follows:

8205 Handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof:

8205.59 Other:
Other:
Of iron or steel:

8205.59.55 Other

8207 Interchangeable tools for handtools, whether or not power-operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for draw- ing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof:

8207.90 Other interchangeable tools, and parts thereof:

85 Other..........................
Other:
8207.90.45 Suitable for cutting metal, and parts thereof Not suitable for cutting metal, and parts thereof:
8207.90.60 For handtools, and parts thereof
Other

ISSUE:

Whether model K-3 Closet Auger, is classifiable under subheading 8207.90.75, HTSUS, as an interchangeable tool for handtools, or pursuant to subheading 8205.59.55, HTSUS, as “other iron or steel handtools not elsewhere specified.”

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). Under General Rule of Interpretation (GRI) 1, HTSUS, goods are to be classified according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes (ENs), although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS, and are generally indicative of the proper interpretation of these headings. Customs believes the ENs should always be consulted. See T.D. 98-80, 54 Fed. Reg. 35127, 35128 (Aug. 23, 1989).

Heading 8207, HTSUS, provides for interchangeable tools for handtools or machine tools. EN 82.07 notes, in relevant part that, “[w]hereas (apart from a few exceptions such as machine saw blades) the preceding headings of this Chapter apply in the main to hand tools ready for use as they stand or after affixing handles, this heading covers an important group of tools which are unsuitable for use independently, but are designed to be fitted, as the case may be, into: . .” any of various enumerated tools. In NY F81172, the merchandise was held to be classifiable under subheading 8207.90.75, HTSUS, based upon the mistaken understanding that there were interchangeable pieces for this auger. In fact, there are no interchangeable pieces for this auger. The subject model K-3 Closet Auger is a hand-held tool, specifically designed to be used independently of other fittings or attachments. Thus, heading 8207, HTSUS, does not describe the merchandise.

Heading 8205, HTSUS, covers, in pertinent part, handtools, not elsewhere specified or included. EN 82.05, states that this “heading covers all hand tools not included in other headings of this Chapter or elsewhere in the Nomenclature (see the General Explanatory Notes to this Chapter), together with certain other tools or appliances specifically mentioned in the title. It includes a large number of hand tools (including some with simple hand-operated mechanisms such as cranks, ratchets or gearing).” Given that the model K-3 Closet Auger is a hand- tool not more specifically described in any other heading, it is provided for in heading 8205, HTSUS.

HOLDING:

The model K-3 Closet Auger, a one-piece unit, with no interchangeable pieces, is classifiable under subheading 8205.59.55, HTSUS, as “Handtools (including glass cutters) not elsewhere specified or included; . . . :Other: . . . Other:”

This modification and revocation of treatment is not subject to the notice and comment provisions of 19 U.S.C. §1625(c) because NY F81172 has been in effect for less than 60 days.

EFFECT ON OTHER RULINGS:

NY F81172, dated December 28, 1999, is modified with respect to the model K-3 Closet Auger as set forth herein. The classification of the other models of drain cleaning equipment is not affected by this ruling.

Sincerely,

John Durant, Director
Commercial Rulings Division

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