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NY L85361





June 15, 2005

CLA-2-82:RR:NC:N1:118 L85361

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.90.9880; 8108.90.3060; 8211.93.0060

Ms. Stephanie Anderson
Gerber® Legendary Blades
14200 SW 72nd Avenue
Portland, OR 97224

RE: The tariff classification of the “Deluxe D.E.T. Mine Probe Kit” packed in a nylon fitted pouch, “Basic Mine Probe Kit” packed in a nylon fitted pouch, “D.E.T. Multi-tool,” titanium replacement tips, and plastic replacement tips.

Dear Ms. Anderson:

In your letter dated May 20, 2005, you requested a tariff classification ruling. We are returning the sample as you have requested.

The merchandise is described as follows:

Gerber® brand “Deluxe D.E.T. Mine Probe Kit,” item 05982, includes the “Basic Mine Probe Kit,” “D.E.T. Multi-tool,” and LED flashlight, packed in a nylon fitted pouch. “Basic Mine Probe Kit,” item 05984, is comprised of a probe packed in a nylon fitted pouch. The probe consists of 1 Delrin® plastic handle, 3-6” titanium shafts, and 6 interchangeable probe tips (3 titanium and 3 Delrin® plastic). The probe contains neither sensors, nor electronics. The user assembles the probe by inserting 1 or more titanium shafts (depending upon the desired length) into either end of the handle and placing a tip on the end of the shaft. An entirely non-magnetic probe is created with either the titanium tips or the non-conducting Delrin® plastic tips. After assembly, the probe is manually inserted into the ground or other surface to locate objects of differing resistance or varying consistency. “D.E.T. Multi-tool,” item 07400, incorporates the following tools made of metal: needle nose pliers with blasting cap crimper, C-4 explosives punch, wire cutter, wire crimper, 3” drop point blade, 3” sheep foot serrated edge blade, GJ-4 RemGrit® saw blade with universal coupler, cross point screwdriver, large, medium and small flathead screwdrivers, file, bottle opener, lanyard ring, fine edge knife, can opener, file, and ruler. The overall length is 6.56”. The length when closed is 5”. Replacement tips for the mine probe, titanium, item 05986. Replacement tips for the mine probe, plastic Delrin®, item 05987.

In your correspondence you inquire as to the classification for each of the items enumerated above when packaged separately.

The applicable subheading for the “Deluxe D.E.T. Mine Probe Kit” packed in a nylon fitted pouch, item 05982, and “D.E.T. Multi-tool,” item 07400, when imported alone, will be 8211.93.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades: other (including parts). The general rate of duty will be 3¢ each, plus 5.4% ad valorem.

The applicable subheading for the “Basic Mine Probe Kit” packed in a nylon fitted pouch, item 05984, and titanium replacement tips, item 05986, when imported alone, will be 8108.90.3060, HTS, which provides for titanium and articles thereof, including waste and scrap: other: articles of titanium: other. The general rate of duty will be 5.5% ad valorem.

The applicable subheading for the plastic Delrin® replacement tips, item 05987, when imported alone, 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 general 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.).

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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