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NY R02220




July 18, 2005

CLA-2-44:RR:NC:2:230 R02220

CATEGORY: CLASSIFICATION

TARIFF NO.: 4417.00.8090

Mr. Heidar Nuristani
Central Purchasing, LLC
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of wooden clamps from China

Dear Mr. Nuristani:

In your letter dated July 1, 2005 you requested a tariff classification ruling.

The ruling was requested on three types of wooden clamps, identified as item numbers 6985, 4853 and 92443. You referred to the website (http://www.harborfreight.com) for pictures and information on these items. Item # 6985 is a 5” hardwood hand screw. It consists of a two-piece 5” long wooden jaw with two long metal screws attached. The screws have handles that facilitate the opening and closing of the wooden clamp. The jaw opening clamp capacity is 2-9/16”. Item # 4853 is a 10” controlled pressure hardwood clamp. It consists of a two-piece 10” long wooden jaw with two long metal screws with handles. The clamp capacity is 6”. Item # 92443 is a 14” quick release wood clamp. It consists of a two-piece 14” long wooden jaw with two long metal screws with handles and a patented quick release mechanism. The clamp capacity is 8-1/2”.

The applicable subheading for the wooden hand screw clamps, item numbers 6895, 4853 and 92443, will be 4417.00.8090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for tools . . . of wood, other. The rate of duty will be 5.1 percent ad valorem.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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