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NY F82289




February 11, 2000

CLA-2-90:RR:NC:MM:105 F82289

CATEGORY: CLASSIFICATION

TARIFF NO.: 9030.39.0000

Mr. Harry Buchner
Eye Toys
POB 1880
108 Elm Ave.
Anna Maria, FL 34216

RE: The tariff classification of a “voltage tester” from Germany

Dear :Mr. Buchner:

In your letter, dated January 21, 2000, you requested a tariff classification ruling.

Molded into both samples is “AC 125-250V” and “50-500Hz”. Both are mostly of plastics, approximately pen or screwdriver shaped, and have a small “window” about 2/ 3 up the shaft. One is about 6 inches long, the other 7. Both have a metal piece at the narrow end that is shaped like the blade of a screwdriver. You state that both are too flimsy to be used in “installing or removing very tight screws”. That seems plausible, but they were then apparently specially shaped to be used in installing or removing not so tight screws.

Although you give no explanation, we take it that, while the devices will not give an actual voltage reading at the conductor the metal blade touches, they will light up or otherwise indicate that there is electricity running through it. This feature either supplies the devices their essential character or is classified later in the HTS than the classification of any other sub-components that equally merit consideration as supplying their essential character. We note screwdrivers are classified in HTS Chapter 82.

The applicable subheading for these two items will be 9030.39.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and apparatus, except multimeters, for checking voltage, current, resistance or power, without a recording device. The general rate of duty will be 1.7 percent ad valorem.

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 James Sheridan at 212-637-7037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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