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NY K89376




September 21, 2004

CLA-2-82:RR:NC:N1:118 K89376

CATEGORY: CLASSIFICATION

TARIFF NO.: 8203.20.4000; 8204.11.0030; 8205.40.0000

Mr. Robert Gaydo
Deringer Logistics Consulting Group
6930 Metroplex Drive
Romulus, MI 48174

RE: The tariff classification of wrenches, pliers, and screwdrivers from Taiwan.

Dear Mr. Gaydo:

In your letter dated September 1, 2004, you requested a tariff classification ruling on behalf of your client, Superex Canada Ltd., Willowdale, Ontario.

The merchandise is comprised of 4 open end metric wrenches in sizes ranging from 8-15 mm, a pair of slip grip pliers, a slotted screwdriver and a Philips screwdriver. These tools are made in Taiwan, placed in a low value plastic bag for shipping purposes, and are shipped from Canada to the United States where they are integrated into automobile emergency kits.

Customs does not consider these tools to be a set because they are not packaged for retail sale. Therefore, each item is classifiable separately. Accordingly, the applicable subheading for the slip grip pliers will be 8203.20.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: other: slip joint pliers. The rate of duty will be 12% ad valorem.

The applicable subheading for the open end wrenches will be 8204.11.0030, 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: open-end, box and combination open-end and box wrenches. The rate of duty will be 9% ad valorem.

The applicable subheading for the screwdrivers will be 8205.40.0000, 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 part of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: screwdrivers, and parts thereof. The rate of duty will be 6.2% ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 USC 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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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