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NY N026888




May 2, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 8203.20.6060

Ms. Donna L. Hiltpold
The Stanley Works
480 Myrtle St.
New Britain, CT 06053

RE: The tariff classification of cutting pliers from China.

Dear Ms. Hiltpold:

In your letter received by this office on April 28, 2008, you requested a tariff classification ruling. The samples you submitted are being returned.

You refer to the items as Oval Head Cutters (part numbers 130-323, 130-324 and 130-325) and Flush Cutting Shears (part numbers 114-854, 114-850 and 114-855). You state that both items are hand held tools made of steel and are used to cut various types of wire. You have submitted samples of styles 114-850, 114-854 and 114-973 for review. The submitted samples are between 5” and 6” long. The blades are about ½” long, appear to be slightly offset and work on a pivot. A spring holds the blades open and they are closed with hand pressure. The literature provided indicates that the oval head cutters cut with a pinch action whereas the flush cutting shears slice with a by-pass effect.

The applicable subheading for the Oval Head Cutters and Flush Cutting Shears will be 8203.20.6060, Harmonized Tariff Schedule of the United States (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) other. The rate of duty will be 12¢/doz. + 5.5% ad valorem.

Consideration was given to your proposed classification of subheading 8203.30.0000, HTSUS. That provision provides for metal cutting shears and similar tools. Although shears also work around a pivot, the cutting blades of shears slide past each other to perform their cutting function. The cutting edges of these blades are not similar to shears since they do not slide past each other.

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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