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NY N016310





August 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8205.59.5560

Ms. Ann Chen Fang
Midwest Air Technologies, Inc.
625 Barclay Blvd.
Lincolnshire, IL 60069

RE: The tariff classification of a fence post driver from China.

Dear Ms. Fang:

In your letter received in this office on August 27, 2007, you requested a tariff classification ruling.

You have described the item as a fence post driver. It is used to set steel T-Posts and ground rods. It is a steel tube, 231/2 inches long and weighs 17 pounds. It has a 27/8 inch drive diameter with a reinforced steel head. There are two 17 inch tapered handles along the sides for hand placement.

The applicable subheading for the fence post driver 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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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