CLA-2-82:S:N:N3:115 810087

Mr. Charles W. Painter
Woodings-Verona Tool Works
P.O. Box 126
Verona, PA 15147-0126

RE: The tariff classification of tools from China.

Dear Mr. Painter:

In your letter dated April 18, 1995, you requested a tariff classification ruling. The items are described as follows:

a) Sledge Hammers - containing double face sledge hammer heads weighing 2.5 lbs, 3 lbs, 4 lbs, 6 lbs, 8 lbs, 10 lbs and 12 lbs b) Hammers - 1 lb scaling, 2 lbs, 3 lbs and 4 lbs drilling, 2.5 lbs and 3 lbs cross peen hammer heads c) Picks and Mattocks - 2.5 lbs garden cutter mattock, 3 lbs and 5 lbs cutter mattock, 2.5 lbs garden pick mattock and 5 lbs pick mattock head d) Axes - 3.5 lbs Michigan single bit axe The applicable subheading for the sledge hammers and hammers listed above that have heads not over 3.3 lbs each will be 8205.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for hammers and sledge hammers, and parts thereof: with heads not over 1.5 kg each. The duty rate will be 6.2% ad valorem.

The applicable subheading for the sledge hammers and hammers listed above that have heads over 3.3 lbs each will be 8205.20.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for hammers and sledge hammers, and parts thereof: with heads over 1.5 kg each. The duty rate will be 1.7% ad valorem.

The applicable subheading for the picks and mattocks will be 8201.30.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for mattocks, picks, hoes and rakes, and parts thereof. The duty rate will be 2.3% ad valorem.

The applicable subheading for the axes will be 8201.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for axes, bill hooks and similar hewing tools, and parts thereof...other. The duty rate will be 6.2% ad valorem.

The higher rates of duty that your attorneys are "proposing" for hammers at 45%, picks and mattocks at 51% and axes at 15%, pertain to dumping margins.

Should you require an Antidumping scope determination for this product, please file a request for a formal scope inquiry to: U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, Room 3076. Attention: Ms. Wendy Frankel, 14th Street and Constitution Avenue, N.W., Washington, DC 20230.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport