CLA-2-84:OT:RR:NC:1:104

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

RE: The tariff classification of a torque wrench from France.

Dear Ms. Hiltpold:

In your letter dated March 10, 2009, you requested a tariff classification ruling.

You describe the item as a steel manual torque wrench that includes a battery operated transmitter inside the wrench. The transmitter submits radio transmissions to a receiver that measures the torque being applied to a fastener. You state that the torque wrench does not contain a motor and it can be operated without the use of the transmitter. It will be imported packaged for retail sale along with a ratchet drive and batteries. The receiver and sockets will not be imported with the torque wrench.

In your original submission, dated February 4, 2009, you proposed classifying the manual torque wrench under subheading 8467.89.5090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Other tools: Other: Other…Other. Inasmuch the torque wrench is a manually operated devise and does not contain a motor, that classification would not be appropriate.

The applicable subheading for the manual torque wrench will be 8466.10.0175, HTSUS, which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Tool holders and self-opening dieheads: Other. The rate of duty will be 3.9 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 Patricia O’Donnell at (646) 733-3011.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division