The tariff classification of tools from various countries

NY C83195 March 6, 1998 CLA-2-82:RR:NC:1:115 C83195 CATEGORY: Classification TARIFF NO.: Various, Chapter 82 Ms. Janet Rogalski C. H. Powell Company 1 Intercontinental Way Peabody, Massachusetts 01960 RE: The tariff classification of tools from various countries Dear Ms. Rogalski: In your letter dated January 9, 1998, on behalf of Stanley Tools, you requested a tariff classification ruling. The first product, Article #92-684, consists of the following: A pair of slip-joint pliers (C/O China); plastic mini-flashlight (C/O Taiwan); two precision screwdrivers (C/O Taiwan), placed in a blow- molded case(C/O China), with fittings to hold the items. After importation the case with the tools will have two screwdrivers (C/O U.S.A.), hammer (C/O Mexico), and a measuring tape (C/O Thailand) added. This expanded tool case is wrapped with a label which indicates the contents and the country of origin of all the items therein. The second product, Article 92-685, consists of the following: A pair of slip-joint pliers (C/O China), a pair of long nose pliers (C/O China), utility knife (C/O Taiwan), glue gun and sticks case (C/O China), and a mini-stapler and staples (C/O Taiwan) packed in a blow-molded plastic case (C/O China), with fittings to hold the items. After importation the case with the tools will have four screwdrivers (C/O U.S.A.), and a measuring tape (C/O Thailand) added. This expanded tool case is wrapped with a label which indicates the contents and the country of origin of all the items included therein. Labels for Articles #92-682 and #92-685 are included in this letter. You are of the opinion that the submitted labels constitute legal marking. In this inquiry you also ask for classification of Articles #92-684 and Articles #92-685 that are to be imported as part of the set. As stated previously other tools will be added. Some of the tools would be of U.S. origin while others would have been imported at various times. Article #92-684: slip joint pliers, HTS 8203.20.4000, 12 percent ad valorem; screwdrivers, 8205.40.0000, 6.2 percent ad valorem; mini-flashlight, HTS 8513.10.4000, 4.2 percent ad valorem. Article #685: long nose pliers, HTS 8203.20.6030, 12 cents/dozen plus 5.5 percent ad valorem; glue gun and glue stick case, HTS 8516.79.0000, 3.2 percent ad valorem; stapler and staples, HTS 8205.59.5560, 5.3 percent ad valorem; and a utility knife, HTS 8211.93.0060, 3 cents each plus 5.4 percent ad valorem. It is assumed that the foreign-made tools added to the set in the U.S.A. have been previously imported and were classified under HTS. This office is interpreting GRI5 (A) to mean that the containers which are specially shaped or fitted to contain an article or set of articles are those designed specifically to accommodate the article for which they are intended GRI 5(A)ENI (l). A case which is presented with empty compartments is not presented with the article for which it is intended. Therefore, the case is excluded from classification as a GRI 5 (A) container because it is not presented with the articles for which it is intended.The issue of GRI 5 (A) has been addressed in Headquarters Ruling 087113. The classification of the tool case would be under HTS 4202.99.9000 as a case other, other, at 20 percent ad valorem. The samples submitted to us are being returned to your office. 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 Melvyn Birnbaum at 212-466-5487. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division