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NY I87168




November 7, 2002

CLA-2-90:RR:NC:1:105 I87168

CATEGORY: CLASSIFICATION

TARIFF NO.: 9031.80.8085

Mr. Daniel Shapiro
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of a tool from Taiwan

Dear Mr. Shapiro:

In your letter dated October 7, 2002, for Avon Products, Inc., you requested a tariff classification ruling.

You describe the sample as follows: “The merchandise herein is a composite good consisting of a flat level with a built in screwdriver. The level features a cylindrical aluminum body and flat pedestal base measuring 5 inches long with an oval opening on the top that reveals a translucent tube marked with two black measuring lines on either end. Inside the tube a colored liquid with an air bubble allows the user to measure the angle of an object by comparing the air bubble to the black measuring lines. If the bubble falls within the measuring lines, the object is ‘level’. The level also features hooks to be able to convert the article from a flat level to a string level. The screwdriver component has three bits, two stored at one end of the article and one bit magnetically attached to the tip of the opposite end.”

The exclusively level element equally merits consideration in determining the essential character of the sample. Harmonized System Explanatory Note I to 9015 distinguishes between the levels classified there and those of 9031, like this, which are not designed for surveying.

We agree that the applicable subheading for the sample will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other,” non-“optical,” measuring or checking instruments, appliances and machines. The 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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,

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