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HQ 956323

July 21, 1995

CLA-2 R:C:F 956323K


TARIFF NO.: 4202.92.1500; 9615.19.2000; 9615.19.4000; 6307.90.9989; 6805.20.0000; 6805.30.5000; 6115.92.2000; 9603.21.0000; 9801.00.10;

Mr. Andrew M. Carreno
Carreno & O'Neil Shipping Co., Inc.
1A Colony Road
Jersey City, New Jersey 07305

RE: Classification of a Travel Amenity Kit, and The Question of Sets

Dear Sir:

In your letter of April 12, 1994, you requested a tariff classification for a travel amenity kit from China for use by airlines as complimentary items for passengers. A sample was submitted. Our response follows.


The sample consists of a 100 percent "Dopp Kit Bag" style toiletry bag containing a zippered cotton toiletry pouch of cotton with an adjustable string, a wooden comb, adjustable eyeshades of cotton, an emery board, a pair of cotton socks, a tooth brush of wood and a tube of tooth paste claimed to be of United States origin.


The issue is whether the articles described above constitute a set for tariff purposes.


The classification of imported merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is governed by the principles set forth in the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined first according to the terms of the headings of the tariff schedule and any relative section and chapter notes and,
unless otherwise required, according to the remaining GRI, taken in their appropriate order. Accordingly, we first have to determine whether the articles are classified under GRI 1.

Subheading 9605.00.00, HTSUS, specifically provides for travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214). However, there are articles in the kit such as the pair of cotton socks that would not qualify as a set under subheading 9605.00.00, HTSUS.

GRI 3(b) provides, in part, that "goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character...". By virtue of GRI 3(b), sets that are not specifically provided for may, nevertheless, be classifiable as sets based on the material or component which gives the goods their essential character. In New York ruling Letter 826210, dated February 5, 1988, it was determined that five kitchen articles and one non-kitchen article imported together did not comprise a set within the meaning of GRI 3(b) and the articles were therefore separately classified. See also Headquarters Ruling 952729, dated June 24, 1994. The socks and other articles as described above do not constitute a set within the meaning of GRI 3(b). Accordingly, the articles are separately classifiable.


The articles as described above do not qualify as a set and the articles are thereby classified individually under the general rates of duty as follows.

The cotton pouch is classified in subheading 4202.92.1500, HTSUS, as travel, sport and similar bags, with outer surface of textile materials of vegetable fibers not of pile or tufted construction, of cotton, textile category 369, with duty at the rate of 7.1 percent ad valorem.

The wooden hair comb is classified as other combs, if valued not over $4.50 per gross, in subheading 9615.19.2000, HTSUS, with duty at the rate of 13.5 cents per gross, plus 1.9 percent ad valorem, and if valued over $4.50 per gross, in subheading 9615.19.4000, with duty at the rate of 28.8 cents per gross, plus 4.6 percent ad valorem.

The eyeshades are classified as other made up articles in subheading 6307.90.9989, HTSUS, with duty at the rate of 7 percent ad valorem.

The emery board, if of abrasive material on a base of paper or paperboard only, is classified in subheading 6805.20.0000,

HTSUS, with duty at the rate of 2 percent ad valorem, and if of abrasive material on plastic, is classified in subheading 6805.30.5000, HTSUS, free of duty.

The cotton socks are classified as other socks of cotton, in subheading 6115.92.2000, HTSUS, textile category 332, with duty at the rate of 14.3 percent ad valorem.

The wooden tooth brush is classified in subheading 9603.21.0000, HTSUS,as toothbrushes including dental plate brushes, with duty at the rate of 0.2 cents each, plus 2.7 percent ad valorem.

The tube of toothpaste, if it is a product of the United States as claimed that is returned without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, is free of duty in subheading 9801.00.10, HTSUS, and if not, is classified in subheading 3306.10.0000, HTSUS, as preparations for oral or dental hygiene, dentifrices, with duty at the rate of 3.9 percent ad valorem.

The cotton pouch and socks have textile category numbers and may be subject to quotas. Note that the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

John Durant, Director

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