The tariff classification of ratchet wrenches from China.

NY 894981 March 4, 1994 CLA-2-82:S:N:N3:115 894891 CATEGORY: Classification TARIFF NO.: 8204.20.0000 John I. Antonius, MD Brain Mechanix 21680 NE Interlachen Lane Troutdale, OR 97060 RE: The tariff classification of ratchet wrenches from China. Dear Dr. Antonius: In your letter dated January 26, 1994, you requested a tariff classification ruling. The subject items are ratchet wrenches made of alloy steel. There are multiple sockets for one handle. They will be used by plumbers and mechanics to tighten nuts which hold pipes, tubes, brakelines, gas lines, hydraulic lines and the like. It is a socket wrench and a ratchet wrench. The applicable subheading for the ratchet wrench will be 8204.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for socket wrenches, with or without handles, drives and extensions, and parts thereof... The duty rate will be 9% ad valorem. Your query also requests a country of origin marking ruling on the ratchet wrench. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides in general that any article of foreign origin (or its container) imported into the United States must be marked conspicuously, indelibly, legibly and as permanently as the nature of the article will permit in such manner as to indicate the country of origin to the ultimate purchaser in the United States. You claim that these wrenches will be sold as a set in a special box. You suggest marking the product with the word "China" on the box. This would be acceptable under certain conditions: 1) the box was sealed 2) there were no U.S. localities evident on your special box --- different rules would then apply and 3) the outer cartons of the imported shipping containers were marked. Section 134.32 of the Customs Regulations (19 CFR 134.32) provides for general exceptions to marking requirements. Your inquiry does not provide enough information for us to give a marking ruling on the wrenches. Your request for a marking ruling should include a sample of the special box that will be utilized for marketing, so that we may address the issues above. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport