CLA-2 CO:R:C:M 952871 RFA
Mr. Bill Thomson
Norcan Engineering
40 Berkshire Court
London, Ontario
Canada N6J 3N7
RE: Compressed Air Automatic Screwdrivers
Dear Mr. Thomson:
This is in response to your undated letter, concerning the classification of Bollhoff UM2000 automatic screwdrivers under the Harmonized Tariff Schedule of the United States (HTSUS).
FACTS:
The merchandise, model number UM2000, is a hose-connected compressed air/electric screw-driving gun in a pistol or rod design. The UM2000 is used in the woodworking, metals and plastics industries. The screws are sorted and placed in the feed direction by the vibration bowl feeder's electronic control. The screws are guided by compressed air to the nozzle. The compressed air screwdriver is a tool that is designed for working in the hand.
As you stated in your letter, one or two units would be imported into the United States for demonstration purposes for a period of one or two weeks. The units would either be returned to Canada or delivered to another prospective customer for another demonstration.
ISSUE:
What is the proper classification under the HTSUS for the importation of the UM2000 automatic screwdriver?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes.
The UM2000 automatic screwdriver is a hand-held tool which uses compressed air to operate. We find that the UM2000 automatic screwdriver is classifiable under subheading 8467.11.50, HTSUS, which provides for: "[t]ools for working in the hand, pneumatic or with self-contained nonelectric motor, and parts thereof: [p]neumatic: [r]otary type (including combined rotary-percussion): [o]ther. . ."
You also inquired as to possible classification under temporary importation provisions. Based upon the information supplied to us, we believe that you are not eligible for any temporary importation provision. In order to be eligible for temporary importation under bond (T.I.B.), there must be an intent to export the item at the time of entry. We have enclosed a brochure that explains the requirements for T.I.B.
HOLDING:
The UM2000 automatic screwdriver is classifiable under subheading 8467.11.50, HTSUS, which provides for: "[t]ools for working in the hand, pneumatic or with self-contained nonelectric motor, and parts thereof: [p]neumatic: [r]otary type (including combined rotary-percussion): [o]ther. . ." The general, column one rate of duty is 2.5 percent ad valorem.
Sincerely
John Durant, Director
Commercial Rulings Division