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NY K89341

October 1, 2004

CLA-2-82:RR:NC:N1:118 K89341


TARIFF NO.: 8206.00.0000/8203.20.4000

Mr. Steve Renfroe
May Merchandising Company
May Department Stores International Inc.
615 Olive Street
St. Louis, MO 63101

RE: The tariff classification of a tool kit in fitted case with built-in radio, flashers and lantern from China.

Dear Mr. Renfroe:

In your letter dated August 26, 2004, you requested a tariff classification ruling. The sample is being returned as you have requested. The power/charger cable was not submitted with your request.

Item 33111 is a plastic toolbox featuring a built-in AM/FM radio, flashers and a lantern. Inside this fitted tool case is a tool set comprised of a hammer, an adjustable wrench, slip joint pliers, two screwdrivers, a set of 8 Allen wrenches, and a power/charger cable for use in an automobile cigarette lighter outlet. The toolbox measures 15 1/8 inches in length, 5 inches in width at its widest point, and 7 inches in height. It has a flip-lock closure and a plastic handle. The article is chiefly used as a tool kit. In our opinion, the tool kit imparts the essential character to this item.

The applicable subheading for the tool kit with fitted case with built-in radio, flashers and lantern will be 8206.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for tools of two or more of headings 8202 to 8205, put up in sets for retail sale. The rate of duty will be the rate of duty applicable to that article in the set subject to the highest rate of duty. The article in this set subject to the highest rate of duty is the pliers, classifiable in subheading 8203.20.4000, HTS. The rate of duty will be 12% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Kathy Campanelli at 646-733-3021.


Robert B. Swierupski

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