CLA-2-65:RR:NC:3:353 L89050

Mr. Heidar Nuristani
Central Purchasing, LLC
3491 Mission Oaks Boulevard
Camarillo, CA 93012

RE: The tariff classification of an arc welding kit from India.

Dear Mr. Nuristani:

In your letter, received in this office on November 28, 2005, you requested a tariff classification ruling.

The submitted sample, an Item Number 45961 Arc Welding Kit, is packaged for retail sale and consists of a welding helmet, welding gloves and chipping hammer. The helmet is constructed of injection molded polypropylene with an ANSI approved shaded lens and features an adjustable plastic internal ratchet headgear assembly. The welding helmet covers the face, eyes, ears, forehead, neck, and the top and sides of the head. The gloves are constructed of cowhide leather and feature fourchettes. The chipping hammer is made of steel and has a spring handle.

The gloves and hammer are of secondary importance to the welding helmet, which imparts the essential character of the kit.

The applicable subheading for the Item Number 45961 Arc Welding Kit will be 6506.10.6075, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other headgear whether or not lined or trimmed: Safety headgear: 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division