2

NY L82318

March 2, 2005

CLA-2-82:RR:NC:N1:118 L82318

CATEGORY: Classification

TARIFF NO.: 8205.59.5560; 9017.20.8080

Mr. Raymond Kim

American Customs Logistics Inc.

860 East Walnut Street

Carson, CA 90746

RE: The tariff classification of a mini pick and hook set and automatic center punch from China.

Dear Mr. Kim:

In your letter, dated January 28, 2005, on behalf of your client, International Merchandising Service, Inc., you requested a tariff classification ruling.

The merchandise is described as follows:

1.  Power Pro CraftTM brand “4 Piece Mini Pick and Hook Set,” item PH4MN, is comprised of a straight pick, 90° hook, full hook, and offset 45° hook. Each tool has a heat treated, chrome plated, steel hook and neon plastic handle. These tools are utilized to remove O rings, do fine work, and retrieve small parts in cramped spaces.

2.  Power Pro CraftTM brand “Automatic Center Punch Brass,” item PUNCHACB, is an automatic center punch with a hardened, heat treated, alloy steel center point, black oxide finished tip, easy grip, knurled, brass handle, and adjustable cap to regulate striking force. The sample measures 4 ⅞ inches in length; the brass body measures ½” in diameter. The tool is used to start or mark holes for drilling, screwing, and riveting.

3.  40 piece tap and die set, item TD, contains 1 tap and die in 17 different sizes, 1 long handle, adjustable tap wrench, 1 “T” handle tap wrench, 1 die handle, 1 screwdriver, and 1 screw pitch gauge. The tap and die set is made of fine carbon steel and is packed in a fitted plastic tray.

The applicable subheading for the mini pick and hook set (item 1) will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), 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.

The applicable subheading for the automatic center punch (item 2) will be 9017.20.8080, HTS, which provides for other drawing or marking-out instruments. The rate of duty will be 4.6% ad valorem.

Your inquiry does not provide enough information for us to give a classification ruling on the 40 piece tap and die set (item 3). Your request for a classification ruling should indicate whether the tap and die set has a cutting part containing by weight over 0.2 percent of chromium, molybdenum, or tungsten or over 0.1 percent of vanadium. When this information pertaining to the tap and die set is available, you may wish to consider resubmission of your request.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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,

National Commodity

Specialist Division