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

Ms. Jennie Crossley
Allstar Marketing Group, LLC
2 Skyline Drive
Hawthorne, NY 10532

RE: The tariff classification of a Half Time Drill Driver Set from China

Dear Ms. Crossley:

In your letter dated May 24, 2011 you requested a tariff classification ruling.

The imported Half Time Drill Driver Set is marketed as a new way to drill, flip, and drive in only five seconds. The Half Time Drill Driver Set includes the following items: one Half Time Drill Driver tool holder, 8 Phillips bits (PH0, PH1, PH2, PH3 – 2 of each), 8 slotted bits (1/8”, 5/32”, 3/16”, 1/4” – 2 of each) , 2 countersink drill bits - #6 (3/32”) and #10 (1/8”), 1 Allen wrench, an instruction sheet and a fitted storage case bearing the logo “HALFTIME™ DRILL DRIVER” . Logo includes a stylized depiction of drill bits. All the items come packaged in a cardboard retail box. Drill bits are not designed for drilling metal or masonry. Material of composition is said to be as follows: (1) driver bits/#6150 CRV, (2) drill bits/carbon steel #45 and HSS, (3) hex key/#45 carton steel and (4) aluminum alloy for tool holder.

The user inserts the hex shaft of the tool holder into the chuck of a corded or cordless drill (not included in the set). The chuck is then tightened in order to secure the tool holder. The tool holder features a swivel head for easy switching between bits. The user is able to select any combination of two different size bits, e.g., after inserting a drill bit in one end of the holder, the user simply flips the swivel head and inserts a driving bit in the other end. The thumb nut on the swivel head locks and secures the bits in place. The collar on the swivel head slides down toward the drill to allow the swivel head to be moved. Sliding the collar away from the drill tightens the swivel head in order to prevent it from moving when tools are in use.

As per a conversation with a member of my staff and your email dated June 30, 2011, the sample is being returned to your office.

The applicable subheading for the Half Time Drill Driver Set will be 8207.90.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Interchangeable tools for hand tools, whether or not power operated, or for machine-tools (for example, for pressing, stamping, punching, tapping, threading, drilling, boring, broaching, milling, turning or screwdriving), including dies for drawing or extruding metal, and rock drilling or earth boring tools; base metal parts thereof: Other interchangeable tools, and parts thereof: Other: Other: Not suitable for cutting metal, and parts thereof: For handtools, and parts thereof. The rate of duty will be 4.3 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