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NY M83073





May 4, 2006

CLA-2-84:RR:NC:1:104 M83073

CATEGORY: CLASSIFICATION

TARIFF NO.: 8467.29.0090

Mr. Thomas E. Benoit
JPMorgan Chase Vastera, Inc.
Suite 500
20700 Civic Center Drive
Southfield, MI 48076

RE: The tariff classification of a battery-operated wrench from China

Dear Mr. Benoit:

In your letter dated April 21, 2006 on behalf of Black & Decker Corporation you requested a tariff classification ruling.

The Auto Wrench™ Model #AAW100 is a hand held battery operated tool powered by a 3 volt DC electric motor. Two AAA batteries are included. The battery compartment is located in the handle portion of the wrench. The tool is made of heat-treated hardened steel with a plastic grip inserted into the handle for user comfort and usability. The wrench is 8 inches (20.3 cm) in length. It automatically adjusts to any size nut or bolt.

To operate the wrench, the user first opens the wrench’s jaw by pressing the bottom end of the toggle switch located on the handle. After positioning the jaw around the item to be loosened or tightened, the user presses and holds down the top end of the toggle switch until the jaw closes around the item. Once the switch is released, the jaw will stay locked in position until otherwise adjusted. The size of the jaw’s opening can be manually adjusted by using the thumb wheel to open and close the jaw. The tool also features built-in measurement scales (standard and metric) located directly under the jaw.

As per your request, the submitted sample is being returned to your office.

The applicable subheading for the Auto Wrench™ Model #AAW100 will be 8467.29.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other Other. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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