CLA-2-82:RR:E:NC:N1:118 R04687

Ms. Stephanie Anderson
Gerber Legendary Blades
14200 SW 72nd Avenue
Portland, OR 97224

RE: The tariff classification of a “Brush Thinner” from Finland.

Dear Ms. Anderson:

In your letter dated 8/21/06, you requested a tariff classification ruling.

The item, number 22-42773, is described as a carbon steel blade attached to a glass filled nylon handle. The blade is 9 ½” in length, the handle is 10 ¾” long and the entire item is 1.2 pounds. The “Brush Thinner” is used to clear out brush and limbs from tree stands and streamside settings.

The applicable subheading for the “Brush Thinner” will be 8201.40.6080, HTSUS, which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: axes, bill hooks and similar hewing tools, and parts thereof: other. The duty rate will be 6.2% ad valorem.

Consideration was given to classifying this item under 8201.40.3000, HTSUS, as you suggested. Subheading 8201.40.3000, HTSUS, provides for machetes, and parts thereof. Machetes have blades that are normally greater than 17 inches in length and handles that are shorter than the blade. Accordingly, your suggested classification is deemed inappropriate.

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