CLA-2-82:OT:RR:NC:1:118
Mr. William Jamison
Table Games LLC
6174 W. Gould Drive
Littleton, CO 80123
RE: The tariff classification of a grounding rod installation tool from China.
Dear Mr. Jamison:
In your letter dated August 28, 2013, you requested a tariff classification ruling.
You have described the item as a “Ram-A-Rod” tool that is used to drive grounding rods into the ground. It weighs 39 pounds and consists of a 42” long hollow steel tube with two 22” inch long rubber grip handles along the side. A grounding rod is slipped into the hollow tube and the user grips the handles and then drives the rod into the ground. The tool is imported with a 4” diameter drive attachment that slips over a stem on the tool. The attachment provides for a larger contact surface so a sledge hammer can be used to further drive the grounding rod into hard or compact dirt.
The applicable subheading for the “Ram-A-Rod” tool will be 8205.59.5560, 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 iron or steel: other: other (including parts). The rate of duty will be 5.3% ad valorem.
Consideration was given to your proposed classification of 8205.20, HTSUS, which provides for hammers and sledge hammers. However, hammers and sledge hammers are striking tools with a solid head that is set crosswise on a single handle. The “Ram-A-Rod” tool does not meet this definition and is not provided for in the exemplars listed in Explanatory Note 82.05 (B). Therefore, classification within 8205.20, HTSUS, would be incorrect.
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 Anthony Grossi at (646) 733-3021.
Sincerely,
Myles B. Harmon
Acting Director
National Commodity Specialist Division