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NY N008317




March 22, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5510; 8205.59.5560

Mr. Mel Speizer
Mel Speizer Consultants, Inc.
3075 Windsor Place
Boca Raton, FL 33434

RE: The tariff classification of masonry chisels, cold chisels, brick sets and an alignment punch from China.

Dear Mr. Speizer:

In your letter dated March 12, 2007, you requested a tariff classification ruling on behalf of your client, Newway Tools Co., Jiangsu, China.

You have described the merchandise as masonry chisels, cold chisels, brick sets and an alignment punch. All of the items are made of carbon tool steel. You have stated that the brick sets are designed for cutting, trimming and scoring blocks and bricks. Alignment punches, also known as drift punches, are used to lineup holes. The model number for the alignment punch (3/16” x 5/8” x 11”) is 244-0370. The model numbers and sizes for the brick sets, masonry chisels and cold chisels are as follows:

The applicable subheading for the masonry chisels, cold chisels and brick sets will be 8205.59.5510, 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: edged handtools: other. The general rate of duty will be 5.3% ad valorem.

The applicable subheading for the alignment punch 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 general 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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