CLA-2-82:RR:NC:N1:118 K87234

Mr. H. Hartwell Dittman
Lil' Bigfoot Inc.
10575 W. Coggins Dr.
Sun City, AZ 85351-3416

RE: The tariff classification of a manual lawn edger with metal blade

Dear Mr. Dittman:

In your letter dated June 15, 2004, you requested a ruling on tariff classification.

You have described your item as a lawn edger, sod cutter, aerator. It is designed to edge overlapping sod and edges of lawn as well as aerate the lawn. It has a strong spring steel blade and long wooden handle.

The applicable subheading for this product will be 8201.90.6000, Harmonized Tariff Schedule of the United States (HTS), 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: other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof: other. The general duty rate will be free.

You have inquired as to whether or not the boxes or pallets need to be marked indicating that there is no wood or bark or fiber packing material used in the shipment. This question should be addressed to the U.S. Department of Agriculture (USDA). Inquiries may be directed to that agency at the following location: USDA A.P.H.I.S., PPQ 4700 River Road, Unit 136 Riverdale, MD 20737 Tel.: (301) 734-8645 or (301 734-8896

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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