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NY I85517

September 12, 2002

CLA-2-85:RR:NC:2:227 I85517


TARIFF NO.: 8513.10.2000; 9014.10.1000; 8211.93.0030

Ms. Donna M. Mullins
ATE Logistics Company (Georgia)
510 Plaza Drive, Ste. 2290
Atlanta, GA 30349

RE: The tariff classification of the Explorer Kit from China.

Dear Ms. Mullins:

In your letter dated August 14, 2002, on behalf of the Crown Marketing Group, you requested a tariff classification ruling.

The subject merchandise, based on the submitted information, is the Explorer Kit (item number 311010A) that consists of the following articles: a plastic flashlight; a compass with an optical lens; and a fifteen-function multipurpose tool containing a ruler, fish scaler, de-hooker, four screwdrivers, two pliers, a bottle opener, a can opener, a file, a wire cutter, and two folding knife blades, all included in a fitted nylon carrying case.

You claim that this merchandise should be classified as a set under subheading 9014.10.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for direction finding compasses...other: gyroscopic compasses, other than electrical. However, since these packaged articles in the above kit were deemed not to be a set for tariff purposes, consideration of classification as a set under subheading 9014.10.6000, HTS, is precluded.

The applicable subheading for the flashlight will be 8513.10.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for portable electric lamps designed to function by their own source of energylamps: flashlights. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the compass with the optical lens will be 9014.10.1000, HTS, which provides for direction finding compasses: optical instruments, and dutiable at the rate of 4 percent ad valorem.

The applicable subheading for the multipurpose tool will be 8211.93.0030, HTS, which provides for knives having other than fixed blades, pen knives, pocket knives and other knives which have folding blades, and dutiable at the rate of 3 cents each plus 5.4 percent ad valorem.

The carrying case is considered to be a container specially shaped or fitted to contain the contents of the Explorer Kit and is to be entered with the articles for which it is intended. Consequently, when this specially fitted case is entered with the items for which it is intended, the case will be classified in meeting the requirements of General Rule of Interpretation 5 (a) with the articles of the kit.

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 George Kalkines at 646-733-3028.


Robert B. Swierupski

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