The tariff classification of Adaptors, Locators, Guides and Adaptor Kit

N220036 July 5, 2012 CLA-2-84:OT:RR:NC:1:104 CATEGORY: Classification TARIFF NO.: 8466.10.0175 Mr. David Peterson Perfect Point EDM Inc. 15000-C Bolsa Chica Street Huntington Beach, CA 92649 RE: The tariff classification of Adaptors, Locators, Guides and Adaptor Kit Dear Mr. Peterson: In your letter dated May 30, 2012, you requested a tariff classification ruling. The Adaptors, Locators, Guides and Adaptor Kit, Customer Part Number (“CPN”) EDB4000 are designed for use with the “e-drill™”, a hand held EDM tool for aircraft rivet removal. The Adaptors, Locators, Guides are made of plastic material. There are two different types of Adaptors, i.e., a Button Head Adaptor and a Flush Head Adaptor. The adaptors are attached to the front of the e-drill™ in order to adapt the e-drill™ to the electrode size and type that will be used to remove a specific rivet. The adaptor allows the nose of the e-drill™ to be inserted into the Button Head Locator (BHL) or Flush Head Locator (FHL) in order to accurately center the electrode to make its cut. The Locators, also called “Bases”, are placed directly onto the aircraft surface in order to locate the center of the rivet. The Button Head Locator (BHL) or Base has a set of fingers inside the Button Head Locator that snaps onto the top of the button head rivet to be removed which allows for an accurate location of the rivets center. The Flush Head Locator (FHL) is placed by hand on the aircraft surface and sits over the rivet that is to be removed. The e-drill™ with the Flush Head Adaptor or the Button Head Adaptor along with the appropriate Electrode Guide is placed into the Locator where the operator can make the rivet cut, The Electrode Guides are inserted and removed from the Adaptors depending on what size electrode is going to be used to cut the rivet head. The Guide accurately centers the electrode during the cut process. The same Electrode Guides are used in the Flush and Button Head Adaptors. The Adaptor Kit, Customer Part Number (“CPN”) EDB4000, contains Electrode Guides/ten pieces, Button Head Locator (BHL) Assembly/ten pieces, Electrode Guide Extractor Tool/one piece, Adaptor Assembly/two pieces and a set of additional replacement O-Rings. These articles, used in the removal of button head rivets, are packaged together in a 9 1/16” x 5” x 1 3/16” semi clear compartmentalized polypropylene plastic box. General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes.  Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS.  GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the good. The instant kit consists of at least two different articles that are, prima facie, classifiable in different subheadings.  It consists of articles put up together to carry out a specific activity (i.e., removal of rivets).   Finally, the articles are put up in a manner suitable for sale directly to users without repacking.  Therefore, the good in question is within the term "goods put up in sets for retail sale."  GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character.  It is the opinion of this office that the essential character of this set is imparted by the Guides, Locators and Adaptors. The applicable subheading for the Adaptors, Locators, Guides and Kit, CPN EDB4000, will be 8466.10.0175, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465, including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand: Tool holders and self-opening dieheads: Other. 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). In your letter, you also indicate that you are interested in obtaining a Schedule B ruling on the above described articles. Decisions regarding Schedule B numbers are handled by the United States Census Bureau in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at Email: [email protected] or Phone: 1-800-549-0595 option #2. 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, Thomas J. Russo Director National Commodity Specialist Division