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NY N023516




February 22, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8201.90.6000

Ms. Patricia E. Russell
Dynasty International
365 Chelsea St.
East Boston, MA 02145

RE: The tariff classification of a rose thorn stripper from China.

Dear Ms. Russell:

In your letter dated February 19, 2008, on behalf of Acme United Corp., Fairfield, CT, you requested a tariff classification ruling.

You have described the item as a nickel plated steel rose thorn stripper, item 35000. You state that it is marketed primarily to florists. The ends of the thorn stripper are bent at right angles and have notches cut into them. The quick-action spring allows the user to close the notched ends around the stem and slide the tool along the stem to remove the thorns and the leaves.

The applicable subheading for the rose thorn stripper will be 8201.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof: other. The duty rate 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/.

Consideration was given to classifying the rose thorn stripper within subheading 8201.50.0000, HTSUS, (secateurs and similar one-handed pruners and shears) as you suggested. Secateurs and pruning shears are one handed tools with blades that perform a cutting function. The primary function of this tool is to strip the stem, it does not have blades designed for cutting.

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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