CLA-2-84:OT:RR:NC:N1:104

Ms. Donna Hiltpold
Customs Classification Administrator
The Stanley Works
480 Myrtle Street
New Britain, CT 06053

RE: The tariff classification of a 3-Tool Finish and Trim Combo Kit from China and Taiwan.

Dear Ms. Hiltpold:

In your letter dated September 4, 2008, you requested a tariff classification ruling. The tool bag you have submitted will be returned as you requested.

You state that the CPACK3 Combo Kit consists of a compressor, air line, three pneumatic tools, tool lubricant, a tool bag and one thousand each of gauge brad nails, gauge finish nails and gauge brad staples. In your initial submission, dated June 16, 2008, you stated that the kit will be used in the construction industry for home building and roofing.

The 2 HP, 6 gallon, oil-free air compressor is used to operate the three pneumatic tools. The 2 ½” 16GA Straight Finish Nailer (SB-1664FN) is capable of driving finish nails from 1” to 2 ½”. The 1 ¼” 18GA Brad Nailer (SB-1850BN) is capable of driving brad nails from 5/8” to 1 ¼”. The 1” 18GA Narrow Crown Stapler (SB-150SX) is capable of driving crown SX staples from ½” to 1”. Each pneumatic tool is hand operated and constructed of lightweight aluminum. You state that tool bag is composed of terylene, PVC and nylon. It is used to transport and store the pneumatic tools and nails. The SB-150SX and the hose kit are made in Taiwan. The balance of the kit is made in China. The articles are considered a set, as you further state that the Combo Kit will be imported packaged for retail sale and nothing will be added after importation.

The applicable subheading for the 3-Tool Finish and Trim Combo Kit will be 8467.19.5060, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Pneumatic: Other: Other: Designed for use in construction or mining. The rate of duty will be free.

The tool bag falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

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 Patricia O’Donnell at (646) 733-3011.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division