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NY J89340





October 15, 2003

CLA-2-82:RR:NC:1:118 J89340

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.3000

Mr. Joe L. Russell, II
Haley Industries, LLC
2953 Sidco Drive
Nashville, Tennessee 37204

RE: The tariff classification of a stamped jack handle from China.

Dear Mr. Russell:

In your letter dated September 9, 2003, you requested a tariff classification.

You have described your product as a stamped jack handle. You state that the principal use of this part is as a jack handle to operate a scissor jack. This part is essential to the operation of the jack, i.e., the jack itself cannot be operated without this part. On the opposite end of the jack handle is a small “tab” that can be used as a prybar to remove the center hubcap. The product is made of C1010 carbon steel.

The applicable subheading for the stamped jack handle which also serves as a prybar will be 8205.59.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for 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: other handtools (including glass cutters) and parts thereof: other: crowbars, track tools and wedges, and parts thereof. The rate of duty will be free.

Consideration was given to classifying your product in subheading 8431.10.0090, HTS, as you have suggested. However, that classification was deemed inappropriate as the product functions as a handtool.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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