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NY K82941




February 18, 2004
CLA-2-82:RR:NC:1:118 K82941

CATEGORY: CLASSIFICATION

TARIFF NO.: 8206.00.0000/8204.11.00; 7326.90.8587; 8205.70.0090; 3926.90.9880

Mr. John Carrier
Central Purchasing, Inc.
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of a knee kicker and bar clamps from China and a brake tool set from Taiwan.

Dear Mr. Carrier:

In your letter dated February 2, 2004, you requested a tariff classification ruling. The brake tool set sample that you have submitted will be returned to you as requested.

You have described your items and the sample submitted as follows:

 SKU 02692, Knee Kicker, is a 16 ¾” long metal shaft with a padded knee kicker on one end and a carpet head “grabber” on the opposite end. The carpet head has several metal teeth protruding to assure carpet grab.  SKU 38225, a 60” aluminum bar clamp with turn-screw tensioner for pressure application of the work.  SKU 46806, a 6” high impact PVC ratchet bar clamp/spreader and ratchet tensioner for pressure application of the work. The fixed jaw and tensioner are made of PVC materials, the 6” shaft is made of metal. The item is easily adapted for clamping or spreading the work for asssembly.  SKU P188, a 7 piece Brake Tool Set - containing four tools unique for vehicle brakes repair (two brake spring tools and two brake adjustment tools) and three box type wrenches of general purpose. The contents are further described as follows:

 90 degree 5 1/8” brake bleeder wrench (8 & 10mm)  8 3/16” brake adjustment tool (29 and 45 degree)  8 ¼” brake adjustment tool

The applicable subheading for the Knee Kicker will be 7326.90.8587, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of iron or steel: other: other: other: other: other. The rate of duty will be 2.9% ad valorem.

The applicable subheading for the aluminum bar clamp with turn-screw tensioner will be 8205.70.0090, 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: vises, clamps and the like, and parts thereof: other (including parts). The rate of duty will be 5% ad valorem.

The applicable subheading for the PVC ratchet bar clamp/spreader and ratchet tensioner will be 3926.90.9880, HTS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914: other: other: other. The rate of duty will be 5.3% ad valorem.

The applicable subheading for the 7 piece brake tool set will be 8206.00.0000, HTS, which provides for tools of two or more of the headings of 8202 to 8205, put up in sets for retail sale. Heading 8206 requires that duty be applied to that article in the set subject to the highest rate of duty. The article in this set subject to the highest rate of duty is the wrench, classifiable in subheading 8204.11.00, HTS, which provides for hand-operated spanners and wrenches (including torque meter wrenches but not including tap wrenches); socket wrenches, with or without handles, drives or extensions; base metal parts thereof: hand-operated spanners and wrenches, and parts thereof: nonadjustable, and parts thereof. The duty rate will be 9% 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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