CLA-2-82:OT:RR:E:NC:N1:118

Mr. Jason Francis Hackett
Accessories Marketing
800 Farroll Road
Grover Beach, CA 93433

RE: The tariff classification of a 4-Way Tool from China.

Dear Mr. Hackett:

In your letter dated September 23, 2008, you requested a tariff classification ruling.

You describe the merchandise as a 4-Way Tool made of copper with chrome plating. You state that the tool is used for removing tire valve cores and rethreading the tire valve. Included in the retail packaging are four tire valve cores made of copper with chrome plating. You state that they are used as check valves within a tire air valve.

The applicable subheading for the 4-Way Tool, including the four valve cores, will be 8205.59.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for handtools (including glass cutters) not elsewhere specified or included; blow torches and similar self-contained torches; vises, clamps and the like, other than accessories for and parts of machine tools; anvils; portable forges; hand- or pedal-operated grinding wheels with frameworks; base metal parts thereof: other handtools (including glass cutters) and parts thereof: other: other: of copper. The rate of duty will be free.

Consideration was given to classifying this item under 8207.80.6000, as you suggested. However, the interchangeable tools of heading 8207, HTSUS, are unsuitable for use independently and are designed to be fitted into a tool holder or support.  As the tool in question is used as is, without any need for a holder or support, the tool is precluded from classification in heading 8207, HTSUS.   

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 Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division