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NY N021734




January 16, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 7616.99.5090; 8203.20.6030; 8211.93.0060; 9609.10.0000

Mr. Troy D. Crago
Import Specialist
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a five piece tool pouch kit from China.

Dear Mr. Crago:

In your letter dated January 9, 2008, you requested a tariff classification ruling.

The product has been described as a 5-piece tool pouch kit, item number A032BA00968. The kit contains the following items packed within a fitted nylon tool pouch: 1-piece aluminum carabiner clip
1-piece combination pliers, a carbon steel tool with polypropylene handle 1-piece utility knife, a carbon steel retractable blade with rubber grip edging in a polypropylene case 1-piece carpenter’s pencil, unsharpened

The applicable subheading for the carabiner clip will be 7616.99.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of aluminum, other. The rate of duty will be 2.5% ad valorem.

The applicable subheading for the combination pliers will be 8203.20.6030, HTSUS, which provides for files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe cutters, bolt cutters, perforating punches and similar handtools, and base metal parts thereof: pliers (including cutting pliers), pincers, tweezers and similar tools, and parts thereof: other: other (except parts), pliers. The rate of duty will be 12¢/doz. + 5.5% ad valorem.

The applicable subheading for the utility knife will be 8211.93.0060, HTSUS, which provides for knives with cutting blades, serrated or not, other than knives of heading 8208, and blades and other base metal parts thereof: other: knives having other than fixed blades: other. The duty rate will be 3¢ each + 5.4% ad valorem.

The applicable subheading for the pencil will be 9609.10.0000, HTSUS, which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14¢/gross + 4.3% ad valorem.

The pencils in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the fitted nylon pouch. Your request for a classification ruling should include a sample of this item. When this sample is available, you may wish to consider resubmission of your request. If you decide to resubmit your request, please include all of the material that we have returned to you.

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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