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NY H81458

June 7, 2001

CLA-2-82:RR:NC:1:104 H81458


TARIFF NO.: 8207.90.6000

Ms. Joyce Kovatch
Sources International
647 S. Palm St., Suite B
La Habra, California 90631

RE: The tariff classification of a tool kit from Taiwan

Dear Ms. Kovatch:

In your letter dated May 29, 2001 you requested a tariff classification ruling.

You have provided a sample of a kit you refer to as “Doc Allen’s Versa Tool”, a patented multi-tool screwdriver/socket tool system. The kit consists of a loop handle with a pivoting head to which the single socket included will be attached, a hex adapter, a hex extension, ten screwdriver bits of various types and a nylon zippered pouch with a belt loop on the back. The pouch, which has no special compartments for the tools, measures approximately 4” x 3 ¼”. It has “Doc Allen’s Versa-Tool” printed on the front. The kit will be imported with the tools and the pouch in a plastic shell stapled to a cardboard backing with advertising and instructions. (Ruling G88060 of March 15, 2001 addressed the classification of the Versa Tool imported without the retail packaging.)

General Rule of Interpretation (GRI) 1, HTSUSA, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUSA. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The instant tool kit consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., fastening/unfastening). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character. Inasmuch as no essential character can be determined, GRI 3(b) does not apply. GRI 3(c) says that, if neither GRI 3(a) nor GRI 3(b) applies, merchandise shall be classified in the heading which occurs last in numerical order among those equally meriting consideration. The items which merit equal consideration include the socket and the screwdriver bits.

The applicable subheading for the Versa Tool will be 8207.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other interchangeable tools for hand tools, whether or not power operated, or for machine tools : other: other: not suitable for cutting metal, and parts thereof: for handtools, and parts thereof.. The rate of duty will be 4.3 percent.

Since the Versa Tool in NY ruling G88060 did not qualify for treatment as a set, the nylon pouch was separately classified under HTS 4202.32.9550 which falls within textile category designation 670. Although the pouch is not separately classified here, it is still within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 Robert Losche at 212-637-7038.


Robert B. Swierupski

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