CLA-2-82:OT:RR:NC:1:118

Ms. Janet Pendris
Hampton Direct
291 Hurricane Lane
Williston, VT 05495

RE: The tariff classification of an Insta Hang tool from China.

Dear Ms. Pendris:

In your letter dated September 12, 2011, you requested a tariff classification ruling. The sample is being returned as requested.

The submitted sample, item #40208, is described as an Insta Hang. This handheld tool inserts pegs into walls for hanging objects up to 10 pounds. Objects can be hung directly from a peg or from a plastic hook which would be held in place by the peg. The pegs are inserted into the spring-loaded dispenser in the tool. The user then places the tool flush against a wall and pushes a spring-loaded button located on the tool. The button is attached to an aluminum pin located inside the tool that pushes a peg out and inserts it into the walls. The tool also has a built in bubble level and incorporates a compartment that stores extra pegs, hooks and peg caps.

The applicable subheading for the Insta Hang, item #40208, will be 8205.59.7000, 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 aluminum. The rate of duty will be 1.5ยข/kg + 3.5% 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 Kathy Campanelli at (646) 733-3021.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division