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HQ 967846




August 22, 2005

CLA-2: RR:CTF:TCM 967846 MG

Mr. Dennis Morse
Licensed Customs Broker
BDP International, Inc.
2721 Walker Avenue, N.W.
Grand Rapids, MI 49504

RE: Modification: HQ 967737, dated June 30, 2005

Dear Mr. Morse:

Customs and Border Protection (CBP) issued Headquarters’ Ruling Letter (HQ) 967737, dated June 30, 2005, to you on behalf of your client, Meijer Distribution. The factual background and legal analysis contained in HQ 967737 is hereby incorporated by reference.

The ruling correctly classified the “Magic Hair Beader” (Item # 58135) in subheading 8205.59.5560, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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)”. However, the correct duty rate for that provision under the 2005 column one, general rate of duty for the subject article is 5.3 percent ad valorem, not “Free”.

We consider this to be a modifying ruling correcting a clerical error. In this regard and pursuant to 19 CFR 177.12(b), CBP may modify an interpretive ruling or holding or principle covered by a protest review decision that has been in effect for less than 60 calendar days by simply giving written notice of the modification to the person to whom the original ruling was issued. Publication in the Customs Bulletin of a modifying ruling correcting a clerical error is not required pursuant to 19 CFR 177.12(d)(2)(i).

Sincerely,

Gail A. Hamill, Chief
Tariff Classification and Marking Branch

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