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N163655

May 18, 2011

CLA-2-90:OT:RR:NC:N4:405

CATEGORY: Classification

TARIFF NO.: 9017.80.0000, 9029.10.8000

Lisa Pietz
Page & Jones, Inc.
2850 Wall Triana Highway, Suite 205

Huntsville, AL 35824

RE: The tariff classification of a tape measure and a row counter from China.

Dear Ms Pietz:

In your letter dated April 27, 2011, on behalf of The Knitting Zone Inc., you requested a tariff classification ruling. Samples were provided.

There are two articles at issue in your submission for a ruling request. The first article is a round tape measure with a textile cover designed to resemble a panda bear. The measuring tape that pulls out is 60 inches in length, and is marked in inches on one side and centimeters on the other. The measuring tape retracts by pushing a button under the panda’s nose. The bottom edge of the tape measure remains visible when the textile cover is on.
The second article is described as a row counter for use by knitters and crochetiers. The article is a small two-digit counter that increases by one each time a button at the top is depressed. The counter can be zeroed manually by turning the digit wheels at the side of the article. The counter can be held in the hand or worn around a user’s neck by means of an attached cord. The row counter is similar in form and function to the hand-held counters described in Harmonized System Explanatory Note (A) (10) to Heading 9029.

We agree that the applicable subheading for the tape measure will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other" instruments for measuring length for use in the hand. The rate of duty will be 5.3% ad valorem.

We agree that the applicable subheading for the row counter will be 9029.10.8000, HTSUS, which provides for Revolution counters, production counters, odometers, pedometers, and the like (not including taximeters). The rate of duty 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/.

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 J. Sheridan at (646) 733-3012.

Sincerely,

Robert B. Swierupski

Director

National Commodity Specialist Division