The tariff classification of a Suprafix Tool Kit from France

N265419 June 30, 2015 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8467.89.5090 Mr. Mark Benson TETAC Inc. 2726 Shelter Island Drive, 132 San Diego, CA 92106 RE: The tariff classification of a Suprafix Tool Kit from France Dear Mr. Benson: In your letter dated June 4, 2015, you requested a tariff classification ruling. The Suprafix, model number SUB150, is an underwater fixing tool that uses propellants to energetically attach a fastening pin to steel and/or concrete. This tool is intended to be used by construction personnel to fasten items without the need for welding or other complex fastening operations. The Suprafix tool (SUB150) uses cartridges that utilizes up to 865mg of explosive material. At time of importation, the Suprafix Tool Kit includes the following seven items: 1) Suprafix Tool 2) Handle Load Rod 3) Reduction Adjustment Load Tool 4) ½ Load Reduction Ring made of Plastic 5) 1 Load Reduction Ring made of Plastic 6) Spare Parts (Springs, Sear Block) 7) Tool Key made of Stainless Steel You stated in the ruling request that the Suprafix Tool Kit does not contain the lubricant spray or the following consumables, i.e., the energetic propellors or the High Resistance Fasteners. The set, as described above, constitutes "goods put up in sets for retail sale" according to General Rule of Interpretation “GRI” 3(b). GRI 3(b) provides, in relevant part, that such sets are classified by the component that imparts the essential character of the set. The primary purpose of the kit is to attach pins to steel and/or concrete. The instant Suprafix Tool Kit is classified according to GRI 3(b) with the essential character of the set being imparted by the Suprafix Tool. The applicable subheading for the Suprafix, model number SUB150, will be 8467.89.5090, 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: Other tools: 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 [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division