The tariff classification of Pneumatic Tools from Italy

N078682 October 29, 2009 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8467.19.5060; 8467.19.5090 Mr. Jerry Koontz Fasco America Inc. 105 Industrial Park Drive Muscle Shoals, AL 35661 RE: The tariff classification of Pneumatic Tools from Italy Dear Mr. Koontz: In your letter dated September 24, 2009 you requested a tariff classification ruling. The samples you submitted, i.e., Models #F1B7C-16 and #F5CHHN31-90A are being returned as requested. Model #F1B7C-16 is a handheld, pneumatic wire stapler which is light, powerful and versatile. It weighs 1.71 lbs. and has a magazine capacity of 180 pieces. The model also contains a bottom loading magazine and a steel driver blade for a longer life. The tool works in a wide variety of applications such as: upholstered furniture, marine and automotive upholstery, picture framing, bedding, paneling, roofing felt, profiled boards and arts & crafts. Model #F5CHHN31-90A is a handheld, pneumatic strip nailer engineered to stand up to the most demanding applications. It is designed to drive up to 90mm nails into typical yellow pine construction lumber. The tool features a narrow nose for accurate nail placement, an extruded aluminum alloy magazine that is able to accept 3 full strips of nails for easy loading from the top and a visible fastener supply to facilitate reloading. It weighs 7.78 lbs. Submitted literature indicates that the tool is mainly designed to work on applications in the construction industry such as framing, roof decking, bridging, truss building sheathing and fencing. It can also be used for crates/boxes and cable reels. In your letter, you propose that the tools be classified in subheading 8467.19.50, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Pneumatic: Other: Other. You further request that guidance be provided as to the applicable statistical suffix. The statistical suffixes under consideration are (1) “60”/Designed for use in construction or mining and (2) “90”/Other. Statistical suffix “60” provides for tools which are specifically designed for use in the construction or mining industries. Statistical suffix “90” provides for tools used in a variety of applications and industries. Submitted literature shows that Model ##F5CHHN31-90A comports with the language of statistical suffix of “60” while Model #F1B7C-16 falls within the purview of statistical suffix “90”. The applicable subheading for Model #F5CHHN31-90A will be 8467.19.5060, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Pneumatic: Other: Other … Designed for use in construction or mining. The rate of duty will be Free. The applicable subheading for Models #F1B7C-16 will be 8467.19.5090, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: Pneumatic: Other: Other … Other. The rate of duty will be Free. 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