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NY J89766





October 22, 2003

CLA-2-82:RR:NC:1:118 J89766

CATEGORY: CLASSIFICATION

TARIFF NO.: 8201.60.0000; 8201.50.0000; 8201.90.6000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a “Lopper-Trowel-Pruner combination pack” from China.

Dear Ms. Aldinger:

In your letter dated October 15, 2003, you requested a tariff classification ruling. The sample that you have submitted will be returned to you as requested.

You have described your sample, item #934666 (model 5939), as a “Lopper-Trowel-Pruner combination pack.” It will be sold for retail in an unsealed cardboard display. It is depicted without its cardboard display. The item is a 3-piece set consisting of the following:

■ 1 steel lopper, approximately 24” in length, with rubber hand grips ■ 1 steel pruner, approximately 8” in length, with rubber hand grips ■ 1 steel trowel, approximately 12” in length, with rubber handle

The intended use of these items is as garden tools for pruning and removing live growth.

The applicable subheading for the lopper will be 8201.60.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: hedge shears, two-handed pruning shears and similar two-handed shears, and parts thereof. The duty rate will be 1¢ each + 2.8% ad valorem.

The applicable subheading for the pruner will be 8201.50.0000, HTS, which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: secateurs and similar one-handed pruners and shears (including poultry shears), and parts thereof. The duty rate will be 1¢ each + 2.8% ad valorem.

The applicable subheading for the trowel will be 8201.90.6000, HTS, which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof: other. The duty rate will be free.

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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