CBP Ruling N244517 — The tariff classification of a Pry Lever Bar

Tariff classification

Headings: 8428

Product description

Item number 4W944 is a Pry Lever Bar used to lift a heavy floor standing machine or pallet load so that a pallet truck or fork lift can reach underneath the machine or pallet load. The pry bar has a steel handle which allows the user to operate the product from a standing position. At the end of the handle is a steel nose plate which is centered between two polyurethane steel combination wheels. The pry bar is a manually operated tool that allows the user to press downward on the hardened handle and the steel nose plate is then wedged underneath the pallets in order to pry it upward. The wheels attached to the pry bar function as a lever to provide a pivoting function so that the nose plate can be maneuvered underneath a floor standing pallet. The pivoting of the wheels and the curve of the nose plate forms a type of fulcrum which allows the nose plate to tilt upward and lifts the machine or heavy pallet load. The wheels do not provide the Pry Lever Bar with a means of carrying a load or transporting a load. Consideration was given to your proposed classification of 8205.59.3080, 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: crowbars, track tools and wedges, and parts thereof: other. However, the Explanatory Notes (ENs) to Chapter 82 state that, in general, the Chapter covers tools which can be used independently in the hand. Furthermore, in Hollywood Accessories, Division of Allen Electronics & Equip. Co. v U.S. 60 Cust. Ct. 360, C.D. 3391, 282 F Supp 499 (1968), the court found that handtools are operated by the unaided hand. The Pry Lever Bar consists of wheels which must be placed on the floor in order to ope

CBP rationale

The applicable subheading for the Pry Lever Bar will be 8428.90.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other lifting, handling, loading or unloading machinery (for example elevators, escalators, conveyors, teleferics): Other machinery…Other.

Full text

N244517 August 14, 2013 CLA-2-84:OT:RR:NC:1:106 CATEGORY: Classification TARIFF NO.: 8428.90.0290 Ms. Anna Marie Lee UPS Trade Management Services 2031 South Centennial Avenue Aiken, SC 29803 RE: The tariff classification of a Pry Lever Bar Dear Ms. Lee: In your letter dated July 24, 2013, on behalf of your client, Grainger International, you requested a tariff classification ruling. Item number 4W944 is a Pry Lever Bar used to lift a heavy floor standing machine or pallet load so that a pallet truck or fork lift can reach underneath the machine or pallet load. The pry bar has a steel handle which allows the user to operate the product from a standing position. At the end of the handle is a steel nose plate which is centered between two polyurethane steel combination wheels. The pry bar is a manually operated tool that allows the user to press downward on the hardened handle and the steel nose plate is then wedged underneath the pallets in order to pry it upward. The wheels attached to the pry bar function as a lever to provide a pivoting function so that the nose plate can be maneuvered underneath a floor standing pallet. The pivoting of the wheels and the curve of the nose plate forms a type of fulcrum which allows the nose plate to tilt upward and lifts the machine or heavy pallet load. The wheels do not provide the Pry Lever Bar with a means of carrying a load or transporting a load. Consideration was given to your proposed classification of 8205.59.3080, 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: crowbars, track tools and wedges, and parts thereof: other. However, the Explanatory Notes (ENs) to Chapter 82 state that, in general, the Chapter covers tools which can be used independently in the hand. Furthermore, in Hollywood Accessories, Division of Allen Electronics & Equip. Co. v U.S. 60 Cust. Ct. 360, C.D. 3391, 282 F Supp 499 (1968), the court found that handtools are operated by the unaided hand. The Pry Lever Bar consists of wheels which must be placed on the floor in order to operate the tool in the form of a fulcrum. Therefore, the tool is not used exclusively by the unaided hand and classification within 8205 would be incorrect. The applicable subheading for the Pry Lever Bar will be 8428.90.0290, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other lifting, handling, loading or unloading machinery (for example elevators, escalators, conveyors, teleferics): Other machinery…Other. 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 Nicholas Bartkus at (646) 733-3017. Sincerely, Deborah C. Marinucci Acting Director National Commodity Specialist Division

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