CLA-2-44:OT:RR:NC:N4:234

Mr. Gang He
SHLA Group, Inc.
615 Hawaii Avenue
Torrance, CA 90503

RE: The tariff classification of yard stick and paint mixing stick from China

Dear Mr. He:

In your letter dated June 30, 2015, on behalf of your client, The Home Depot, you requested a tariff classification ruling. A photographs of the sample were submitted for our review. The samples are as follows:

Item# HDYS-3 is a one yard wooden stick. The yard stick is used as a ruler for measurement. The wooden yard stick will be imported with the “The Home Depot” company logo imprinted on it. The yard stick will be sold exclusively to The Home Depot.

Item# PS1 is a paint wooden mixing stick for one gallon paint. The mixing stick has a 7 inch ruler printed on one side for the user to estimate how much paint is left in the can. The mixing stick will be imported with the “The Home Depot” company logo and the wording: Don’t forget to pick up your painting supplies: paint brush, paint roller, paint roller cover, paint tray, tape, drop cloth, rag, stir sticks, paint kits, and the letters FSC® as well as FSC® A000519.

Item# PS-5 is a paint wooden mixing stick for five gallon paint. The mixing stick has a 15 inch ruler printed on one side for the user to estimate how much paint is left in the can. The Home Depot company logo and the wording: Don’t forget to pick up your painting supplies: paint brush, paint roller, paint roller cover, paint tray, tape, drop cloth, rag, stir sticks, paint kits, and the letters FSC® as well as FSC® A000519.

Item # HDPS 10 is a 10 pack of blank paint wooden mixing sticks put up for retail sale. They are to be used for mixing one gallon sized containers of paint.

Per our conversation and your email, the ruling request for Item # PCOSU1, a Paint Can and Bottle Opener, will be broken out from this ruling and considered in a separate ruling.

The applicable subheading for the HDYS-3, PS1, PS-5, HDPS10 will be 4417.00.8090, HTS, which provides for other (than certain enumerated) tools and tool bodies, of wood. The rate of duty will be 5.1 percent ad valorem

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 Albert Gamble at albert.gamble@ cbp.dhs.gov.


Sincerely,

Gwenn Klein Kirschner
Director
National Commodity Specialist Division