The tariff classification of Handheld Olive Harvester from Greece

N275980 June 10, 2016 CLA-2-84:OT:RR:NC:N1:104 CATEGORY: Classification TARIFF NO.: 8467.29.0090 Ms. May Chevallier Cloud 9 Orchard 168 Tennyson Avenue Palo Alto, CA 94301 RE: The tariff classification of Handheld Olive Harvester from Greece Dear Ms. Chevallier: In your letter dated May 20, 2016 you requested a tariff classification ruling. The imported item is a hand operated electric Olive Harvester operated by a 12V battery and weighs only 5 pounds with a reach of up to 16 feet. It contains an adjustable working speed from 600 to 1330 cycles per minute in 5 clicks. The hand operated oliver harvester has eight replaceable carbon fiber teeth that easily reach inside the olive branches without tree damage and minimum leaf falling. You suggested classifying the Handheld Olive Harvester within subheading 8433.59.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other harvesting machinery. Explanatory Note 84.33 states, in part, that “This heading covers machines used in place of hand tools, for the mechanical performance of the following operations: (A) Harvesting of agricultural crops….” This office believes that the use of the phrase, “used in place of hand tools” dedicates heading 8433 to machines that are not used exclusively in the hand. The term “hand tool” is not defined within the tariff. However, courts have accepted a definition provided in the Encyclopedia Britannica (Vol. 22, p.286), which defines "hand tool" as "any tool which is held and operated by the unaided hands;” [see Western Oilfields Supply Co. v. United States, 296 F. Supp. 330, 62 Cust. Ct. 182 (1969); Hollywood Accessories, Division of Allen Electronics & Equipment Co. v. United States, 282 F. Supp. 499, 60 Cust. Ct. 360 (1968); F.B. Vandegrift & Co., Inc. v. United States, 65 Cust. Ct. 260 (1970)]. Therefore, it is the opinion of this office that classifying the Handheld Oliver Harvester within Heading 8433 would be incorrect. The applicable subheading for the Handheld Olive Harvester will be 8467.29.0090, HTSUS, which provides for “Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or non electric motor, and parts thereof: With self-contained electric motor: 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 https://hts.usitc.gov/current. 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, Deborah C. Marinucci Acting Director National Commodity Specialist Division