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NY L84628




May 5, 2005

CLA-2-84:RR:NC:1:104 L84628

CATEGORY: CLASSIFICATION

TARIFF NO.: 8467.19.1000; 8205.59.5560

Mr. Raymond Kim
American Customs Logistics, Inc.
860 E. Walnut St.
Carson, CA 90746

RE: The tariff classification of an air nibbler and taper punch set from China

Dear Mr. Kim:

In your letter dated April 28, 2005 on behalf of International Merchandising Service you requested a tariff classification ruling.

The air nibbler, part number ANC, is described in the literature as the ultimate sheet metal cutting tool, easily cutting through sheet metal as thick as 16 gauge. (You have also provided a sample which will be returned per your request.) The recommended air pressure is 90 PSI with a ¼” NPT air inlet and 3/8” ID air hose size. The tool, which measures 7 7/8” in length, operates at up to 3,500 spm (strokes per minute).

The 4 piece taper punch set, part number PCS4T, is made of drop forged molybdenum steel. The taper punch sizes are 5/32 x ½ x 8”, 3/16 x 3/8 x 12”, ¼ x 3/8 x 12” and ¼ x ¾ x 15”.

The applicable subheading for the air nibbler, part number ANC, will be 8467.19.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for tools for working in the hand, pneumatic, hydraulic or with self-contained electric or non-electric motor: pneumatic: other: suitable for metal working. The rate of duty will be 4.5 percent.

The applicable subheading for the 4 piece taper punch set, part number PC4ST, will be 8205.59.5560, 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: other: other: of iron or steel: other (including parts). The rate of duty will be 5.3% 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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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