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NY N004052




December 21, 2006

CLA-2-90:RR:NC:MM:114

CATEGORY: CLASSIFICATION

TARIFF NOS.: 9015.10.4000, 4202.92.3031, 8205.59.5560

Mr. John Bessich
Follick & Bessich
33 Walt Whitman Road
Suite 310
Huntington Station, NY 11746

RE: The tariff classification of the Fatmax TLM 100 Tru-Laser Distance Measurer, the Hard Base Multipurpose Tool Case, and the Fatmax Xtreme Fubar Utility Bar

Dear Mr. Bessich:

In your letter dated November 30, 2006, on behalf of The Stanley Works (Stanley), you requested a tariff classification ruling. Samples of the three items were furnished with your letter and are being returned to you as requested.

The Fatmax TLM 100 Tru-Laser Distance Measurer (TLM 100), item no. 77-910, is made in Austria and consists of a battery operated, hand-held distance measurer or rangefinder. The TLM 100 uses a laser to measure the distance between two points. The unit is accurate plus or minus ¼ inch up to 100 feet. TLM 100 includes the laser measurer (rangefinder), a carrying pouch, a 9-volt battery and instructions. The TLM 100 is designed for use by appraisers, carpenters, technicians, floor and tile layers, painters, etc.

The Hard Base Multipurpose Tool Case (Tool Case), item no. 516110, is made in China and is a travel bag constructed with an outer surface of man-made textile material. It is designed to provide protection, portability, organization and storage to tools, accessories and other personal effects during travel. It measures approximately 10 inches in height, 16 inches in width and 8 ½ inches in depth. It features a removable shoulder strap, a top zippered opening, several interior pockets and several exterior pockets.

You have suggested that the Tool Case is classifiable under subheading 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), dutiable at 17.6 percent ad valorem. The Tool Case is more specifically provided for in another subheading in heading 4202, Harmonized Tariff Schedule of the United States (HTSUS).

The Fatmax® Xtreme™ Fubar™ Utility Bar is a 4-in-1 forged and tempered utility tool with a rubber slip-proof grip, item number 55-099. At one end of the tool is a two-tiered serrated jaw in a U shape with a sharp edge. The jaw portion is used to grip and bend boards and the sharp edge can split or cut. The edge is covered with a removable polypropylene end cap. On the other side of the jaw portion of this tool is a hammer. It is suggested that the hammer is used for demolition type work. On the opposite end, the other side of the rubber slip-proof grip, is a tear dropped shaped slot and a notched chisel end, capable of pulling or prying nails. The end is covered with a removable polypropylene end cap.

Consideration was given to classifying this item as a crowbar within subheading 8205.59.3010, HTSUS, as you suggested. Crowbars, however, do not have hammers attached to them as this tool does. Accordingly, subheading 8205.59.3010, HTSUS, was deemed inappropriate.

The applicable subheading for the Fatmax TLM 100 Tru-Laser Distance Measurer will be 9015.10.4000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for rangefinders, electrical. The rate of duty will be free.

The applicable subheading for the Hard Base Multipurpose Tool Case will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTSUS), which provides for traveling bags, other, with outer surface of sheeting of plastic or of textile materials, travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The rate of duty will be 17.6 percent ad valorem.

The Hard Base Multipurpose Tool Case falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

The applicable subheading for the Fatmax® Xtreme™ Fubar™ Utility Bar will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 5.3% ad valorem.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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