CLA-2 RR:CR:GC 962926 JAS
Jonathan M. Fee Esq.
Grunfeld, Desiderio, Lebowitz & Silverman LLP
303 Peachtree Street, N.E., Suite 2980
Atlanta, GA 30308
RE: HQ 227562 Modified; Pneumatic Tools for Working in the Hand; Pneumatic Ratchet Wrenches
Dear Mr. Fee:
This is in reference to your letter of June 17, 1999, on behalf of NMTC, Inc., d/b/a Matco Tools, in which you request reconsideration of HQ 227562, dated March 3, 1999. HQ 227562, a decision on Protest 2002-97-100267, held in part that certain pneumatic hand tools were socket wrenches, classifiable in subheading 8204.20.00, Harmonized Tariff Schedule of the United States (HTSUS). We have reviewed this ruling and determined that the classification provided is not correct.
Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed modification of HQ 227562 was published on July 14, 1999, in the Customs Bulletin, Volume 33, Number 28. No comments were received in response to that notice.
FACTS:
Articles the subject of HQ 227562, are the light, mini, standard and heavy-duty ratchets, designated models MT1825B, MT1826, MT1825S, MT1828, MT1829, and MT1830. They are advertized for use by repair personnel in garages, body shops, dealership service departments, and other establishments in the automotive repair aftermarket. You submitted for our examination the
MT1825B 1/4 inch square drive ratchet wrench and the MT1830 3/8 inch square drive ratchet wrench.
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Submitted literature describes them as Air Ratchets, three in 1/4 inch drive size and three in 3/8 inch drive size. Each is equipped with a rotary air motor, positive action throttle for precise speed control, and has a free air speed rating of from 175 to 300 rpm, complete with air hose and coupling assembly instructions. The narrative description on the six tools in issue here indicates they can be used as hand ratchets for
initial loosening and final tightening up to 40 ft. lbs. For this reason, HQ 227562 concluded they were not pneumatic tools for tariff purposes, as claimed by the protestant, but functioned as socket wrenches of the type described in heading 8204.
HQ 227562 also addressed, among other things, the tariff status of light, light mini, standard and heavy-duty ratchets and air ratchets, a single body die grinder, and straight line and orbital sanders, but these tools are not in issue here.
The provisions under consideration are as follows:
8204 Hand-operated spanners and wrenches...; socket wrenches, with or without handles, drives or extensions...:
8204.20.00 Socket wrenches, with or without handles, drives and extensions, and parts thereof
* * * *
8467 Tools for working in the hand; pneumatic, hydraulic or with self-contained nonelectric motor...:
Pneumatic:
8467.11 Rotary type (including combined rotary- percussion):
8467.11.10 Suitable for working metal
8467.11.50 Other
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ISSUE:
Whether any or all of the six tool models are pneumatic tools.
LAW AND ANALYSIS:
Under General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), goods are to be classified according to the terms of the headings and any relative section or chapter notes, and provided the headings or notes do not require otherwise, according to GRIs 2 through 6.
You maintain that in accordance with Additional U.S. Rule of Interpretation 1(a), HTSUS, the air ratchets are principally used as a pneumatic, rather than as a manual tool. Principal use, in this context, is that use which exceeds each other single use of the good. Evidence of one use may be overcome where an examination of the sample indicates another use. See Oxford International Corp. v. United States, 70 Cust. Ct. 217, C.D. 4433 (1973), and related cases. In this case, the schematic, submitted in connection with the model MT1825B, together with an examination of the sample itself, shows one end of the leader hose connected to a compressor and the other male threaded end connecting to the female air hose connector in the tool’s handle. The samples, together with the schematic and the narrative descriptions in the submitted literature, establish to our satisfaction the principal use of these tools as pneumatic air ratchets, rather than as hand-operated socket wrenches. There is no evidence that these tools are suitable for use in metal-working applications.
HOLDING:
Under the authority of GRI 1, the air ratchet models
MT1825B, MT1826, MT1825S, MT1828, MT1829, and MT1830 are provided for in heading 8467. They are classifiable in subheading 8467.11.50, HTSUS.
EFFECT ON OTHER RULINGS:
HQ 227562, dated March 3, 1999, is modified as to the classification of these models, but is otherwise affirmed. This modification will not affect the liquidation of the entry or
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entries in Protest 2002-97-100267, the subject of HQ 227562. In accordance with 19 U.S.C. 1625(c)(1), this ruling will become effective 60 days after its publication in the Customs Bulletin.
Sincerely,
John Durant, Director
Commercial Rulings Division