CLA-2-90:OT:RR:NC:N4:405
Robert Ryan
BNSF Logistics International, Inc. P.O. Box 610629
DFW Airport, TX 75261
RE: The tariff classification of two different pocket tools from China.
Dear Mr. Ryan:
In your letter dated January 16, 2012, on behalf of R&K Sales, Inc., you requested a tariff classification ruling.
Item 1171 is a plastic Multi-Purpose Tool 4 ½ inches long and 1 ¾ inches wide. The top and bottom of the multi-tool open to reveal six removable screw driver bits that can be inserted into a receptacle on one end of the tool to provide a light duty screw driver. The opposite end has a battery operated flashlight and a 39 inch metal tape measure which is ¼ inch wide. Located in the side of the multi-tool is a small liquid bubble level.
Item 1116 is a plastic Tool/Flashlight Keychain about 3 inches long and 1 inch wide. On one end is a metal key loop and chain, and on the other is a small flashlight with the activation switch on the top of the tool. The outer case of the tool swivels open to reveal two interchangeable screw driver bits that can be inserted into a receptacle in the case providing a light duty screw driver.
For the Multi-Purpose Tool we have determined that the headings that describe each of the elements, each heading being considered separately, equally merit consideration in supplying the import’s essential character, noting the criteria in Headquarters Ruling Letter H007653, 8-24-07. As with the device described in HRL H007653, no one component of the Multi-Purpose Tool imparts the essential character, thus we refer to GRI 3(c). GRI 3(c) states that when dealing with components that equally merit consideration in supplying the essential character of a good, we classify that good based on the component that appears last in numerical order in the tariff. In the case of the Multi-Purpose Tool, this component would be the liquid bubble level. Bubble levels are an example in Harmonized System Explanatory Note I-A-10 to 9031.
For the Tool/Flashlight Keychain, the essential character is imparted by the flashlight. Flashlights are provided for in Chapter 85 of the Harmonized Tariff Schedule of the United States (HTSUS).
The applicable subheading for the Multi-Purpose Tool will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "other" Measuring or checking instruments, appliances and machines, not specified or included elsewhere in HTS Chapter 90. The rate of duty will be 1.7%.
The applicable subheading for the Tool/Flashlight Keychain will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for portable electric lamps: flashlights. The rate of duty will be 12.5 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 specifically regarding the classification of the Tool/Flashlight Keychain, contact National Import Specialist T. Campanelli at 646-733-3016.
If you have any other questions regarding the ruling contact National Import Specialist J. Sheridan at (646) 733-3012.
Sincerely,
Thomas J. Russo
Director
National Commodity Specialist Division