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NY I85519

September 12, 2002

CLA-2-85:RR:NC:2:227 I85519


TARIFF NO.: 8513.10.2000; 8211.93.0030; 9208.90.00

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

RE: The tariff classification of the Scout 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 Scout Kit (item number 321008A) that consists of the following articles: a plastic flashlight; a combination article composed of a compass, thermometer and whistle; and a multipurpose tool containing a spoon and fork as well as a can opener and a folding knife blade, all included in a fitted nylon carrying case.

You claim that this merchandise should be classified as a set under subheading 9025.80.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments; parts and accessories thereof: other instruments: other, other. 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 9025.80.5000, HTS, is precluded.

In regard to the combination article composed of the compass, thermometer and whistle, there is no one component of this composite article that imparts the essential character. Therefore, this article will be classified, noting General Rule of Interpretation 3 ©, under the heading (9208, HTS) which occurs last in numerical order among those which equally merit consideration.

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 composite article composed of the compass, thermometer and whistle will be 9208.90.00, HTS, which provides for whistles, call horns and other mouth-blown sound signaling instruments, and dutiable at the rate of 5.3 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 Scout 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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