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NY A85512

August 6, 1996

CLA-2-84:RR:NC:1:103 A85512


TARIFF NO.: 8479.89.9598

Mr. Hal A. Limebeer
Examer International Inc.
One Auburn Avenue
Buffalo, NY 14213

RE: The tariff classification of a personal fall protection kit from Canada

Dear Mr. Limebeer:

In your letter dated July 3, 1996 on behalf of Master Technologies you requested a tariff classification ruling.

With your inquiry you submitted a sample of the LRK4800 Roofer's Starter Kit, as well as literature describing the kit. The LRK4800 is designed to be used by an individual who needs fall protection while moving about on a roof. The kit is composed of the following articles:

- 5 metal roof anchors
- 18 phillips wood screws, each 2 1/2 inches long, for attaching the roof anchors to a roof rafter - 1 full body harness composed of textile webbing and metal hardware - 50 feet of 5/8 inch poly blend rope
- 1 shock absorbing lanyard assembly, complete with a mechanical rope grab, which arrests a fall in the event the individual loses his balance - 1 alloy steel locking carabiner, for attaching the rope to the roof anchor - 1 zippered carry bag of man-made textile material - 1 instruction manual

All of these items are packaged in a cardboard box.

The Roofer's Starter Kit meets the requirements for classification as a set, as outlined in General Rule of Interpretation 3 of the Harmonized Commodity Description and Coding System Explanatory Notes. In accordance with GRI 3(c), the applicable subheading for the Roofer's Starter Kit will be 8479.89.9598, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 3.2 percent ad valorem. The carrying bag is of a kind discussed in General Rule of Interpretation 5(a), and thus is not separately classifiable. 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 Alan Horowitz at 212-466-5494.


Roger J. Silvestri

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