CLA-2-90:RR:NC:N1:105 J80281

Mr. Floyd Griffith
Allison Corporation
15 Okner Parkway
Livingston, NJ 07039-1693

RE: The tariff classification of Oil Filter Wrench #8360, Battery Brush #8047, Lead Battery Terminal #8838, Antifreeze Tester #8871 and 6-12 Volt Tester #8730 from China

Dear Mr. Griffith:

In your letter dated January 22, 2003, you requested a tariff classification ruling.

The first sample is described as an oil filter wrench, item #8360. It is made of steel and approximately 11 ½” in length. It has a PVC coated handle. The product is used for changing oil filters in automobiles.

The applicable subheading for the oil filter wrench will be 8204.12.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for hand-operated spanners and wrenches (including torque meter wrenches, but not including tap wrenches); socket wrenches, with or without handles, drives or extensions; base metal parts thereof: hand-operated spanners and wrenches, and parts thereof: adjustable, and parts thereof. The rate of duty will be 9 percent ad valorem.

Item #8047 is a battery brush. It is made of a stainless steel brush with a nickel plated housing. The product is used to clean battery terminals in automobiles.

The applicable subheading for the battery brush will be 9603.90.8050, Harmonized Tariff Schedule of the United States (HTS), which provides for other brushes. The rate of duty will be 2.8 percent ad valorem.

Autologic item #B838, sample submitted, is a lead battery terminal.

The applicable subheading for the Lead Battery Terminal will be 8536.90.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for Electrical apparatus for making connections to or in electrical circuits for a voltage not exceeding 1,000 V: Other apparatus: Terminals. The rate of duty will be free.

Regarding the antifreeze tester #8871, upon examination of the product, the glass stem measures 4” in length and contains 5 floating balls with a rubber bulb at the end measuring 1 ¾” in length. The product has a 5” in length vinyl tube which is inserted into the automobile radiator or overflow container to determine protection, i.e., the strength of the antifreeze solution.

The applicable subheading for the antifreeze tester will be 9025.80.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for hydrometers and similar floating instruments, whether or not incorporating a thermometer, non-recording. The rate of duty will be 2.9 percent ad valorem.

The last item is described as a 6-12 volt tester #8730. An examination of the product reveals a neon light inside the plastic handle with a vinyl protected metal tip. The handle contains a 3 amp fuse. The test cable measures approximately 311/2 inches in length with alligator clips. The product is used to probe wires to determine whether they are live or broken.

The applicable subheading for the 6-12 volt tester will be 9030.39.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for “other” instruments and apparatus, except multimeters, for checking voltage, current or resistance, without a recording device. The general rate of duty will be 1.7 percent ad valorem.

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 J. Sheridan at 646-733-3012.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division