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HQ 084074

July 3, 1989

CLA-2 CO:R:CV:G: 084074 JLV


TARIFF NO.: 8414.80.10; 8544.41.00; 8203.20.00; 8204.20.00; 8205.40.00; 8211.93.00;
3005.10.50; 3919.10.20; 3926.20.10

Mr. David C. Yezek
Karl Schroff & Associates, Inc.
9757 W. Farragut St.
Chicago, Illinois 60018

RE: Emergency repair kit consisting of air compressor, tools, and light packaged in a tool box

Dear Mr. Yezek:

In an undated letter, received by Customs on March 6, 1989, you requested on behalf of your client C&O Enterprises, Inc., Northbrook, Illinois, a tariff classification ruling on an article called a "45 piece Repair Emergency Kit." A sample and advertising literature were submitted. Our classification ruling follows.


The article is a Model KC332C repair kit consisting of a 9-piece 1/4-inch drive socket set with screwdriver handle driver, two screwdrivers, a utility knife, plastic insulation tape approximately 2cm in width, tire pressure gauge, fuses, 4 first aid adhesive strips, a plastic tray for these items, booster cables, siphon hose, a pair of disposable seamless plastic gloves, and a rigid plastic tool box measuring approximately 7 inches by 8 inches by 12 inches with a 4-inch circular opening in one end. Mounted inside the box is a 200psi air compressor and mounted on the end of the box at the opening is a 25W light. The compressor and light, equipped with an adaptor plug for a receptacle such as that for an automotive cigarette lighter, are designed to operate from a 12 volt DC power source.

The repair kit is advertised as a repair emergency kit for "Car, RV, Boat or for the House" and as a "highway Emergency Kit" that meets the emergency needs "of motorists, truckers, campers, or boaters" and "for the home."

In a ruling letter of July 22, 1988 (file 081427), we held that an auto visor kit, consisting of a small mirror, comb, memo pad and pencil, in a folding, plastic container with a zipper map pocket and an eyeglass holder, was classified under General Rule of Interpretation (GRI) 1 of the Harmonize Tariff Schedule of the United States Annotated (HTSUSA) as a motor vehicle accessory in subheading 8708.99.50. In a ruling letter of June 9, 1989 (file 083828), we held that a combination of items packaged and marketed in a plastic-reinforced vinyl bag as a motor vehicle emergency repair kit was not classifiable under GRI 1 as a motor vehicle accessory because it was not an accessory within the meaning of heading 8708.


What is the classification of a combination tool kit, air compressor, and work light?


Classification under the HTSUSA is governed by the GRI. GRI 1 states, in pertinent part, that classification shall be determined according to the terms of the headings and any relative section and chapter notes, and provided such headings or notes do not otherwise require, according the the rules that follow GRI 1. GRI 2 is not applicable. GRI 3 states, in pertinent part, that when, for any other reason [other than GRI 2(b)], goods are prima facie classifiable under two or more headings, classification shall be according to the rules that follow. In this case, it appears that the repair kit is classifiable under several headings: as an accessory for motor vehicles in heading 8708; as a set under the heading for the article which gives the set its essential character; or as separate articles under various headings (GRI 3(a)).

Although described as an emergency repair kit for an automobile, classification as a motor vehicle accessory is precluded because, as stated in our ruling of June 9, 1989, on the classification of a similar emergency kit, the repair kit
is not within the meaning of the term "accessory" because it does not facilitate the use of a motor vehicle, does not widen the range or use of a motor vehicle, does not improve the operation of a motor vehicle, and is not identifiable as being intended solely or principally for use with a motor vehicle. The compressor and light, although designed to operate from power supplied through a common motor vehicle cigarette lighter receptacle, the uses are for many things other than for motor vehicles, i.e., around the home to inflate basketballs or bicycle tires, in a travel camper, or in marine locations.

The various headings under which the individual components are classified each refer to part only of these items in a set put up for retail sale. Therefore, under GRI 2(a) and 2(b), if the article is a set, it is classified as if it consisted of the component which gives the set its essential character. Explanatory Note X to GRI 3(b) establishes three criteria for determining whether an article consists of "goods put up in sets for retail sale." In this case, at least two of the components are prima facie classifiable in different headings (compressor in heading 8414, socket set in heading 8204) and are put up in a manner suitable for sale directly to users without repacking. The third criterion requires that the goods consist of products or articles put up together to meet a particular need or carry out a specific activity. These goods do not meet this criterion. The adhesive strips, siphon tube, and disposable gloves do not meet the defined need (repair) for which the other components have been assembled.

Therefore, the goods would be individually classified as follows: the compressor, plastic box, and electric light as a single item (physically and functionally one item) are classified as a compressor in subheading 8414.80.10; the slip joint pliers in subheading 8203.20.40; the sockets with handle in subheading 8204.20.00; the screwdrivers in subheading 8205.40.00; the utility knife in subheading 8211.93.00; the air pressure gauge in subheading 9026.20.80; the adhesive bandages in subheading 3005.10.50; the plastic self-adhesive tape in subheading 3919.10.20; the seamless plastic gloves in subheading 3926.20.10; and the booster cables in subheading 8544.41.00, HTSUSA. The rates of duty will depend on the country of origin for each of the articles.


The emergency repair kit is not classified as a set; each component is separately classified as stated in this ruling.


John Durant, Director

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