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NY R01151




December 30, 2004

CLA-2-82:RR:NC:N1:118 R01151

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5560

Ms. Amy Pieh
Pieh Tool Company, Inc.
437 General Crook Trail, Suite D
Camp Verde, AZ 86322

RE: The tariff classification of blacksmith or farrier tongs from Pakistan.

Dear Ms. Pieh:

In your letter, dated December 3, 2004, you requested a tariff classification ruling.

The merchandise is comprised of blacksmith or farrier tongs forged of 8650 carbon steel and riveted together. The tongs range in length from 14 to 24 inches. These tongs are utilized by blackmsmiths, metalworkers and horseshoers to pick up hot or cold steel (for example, barstock or horseshoes) so that it can be held while worked.

The applicable subheading for the tongs will be 8205.59.5560, Harmonized Tariff Schedule of the United States (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: other (including parts). The general rate of duty will be 5.3% ad valorem.

Articles classifiable under subheading 8205.59.5560, HTS, which are products of Pakistan, may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term “GSP.”

Consideration was given to classifying the product within subheading 7326.90.8587, HTS, as you had suggested. However, the tongs are considered hand tools of heading 8205, HTS, and therefore, would not be an article of iron or steel.

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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