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HQ 967396

January 26, 2005

CLA-2:RR:CR:GC 967396 IOR


Tariff No.: 8211.94.50, HTSUS

Beverly Sheffield
Import Manager
Yellow GPS
780 Atlanta S. Pkwy, Suite B
College Park, GA 30349

RE: Hunter Pak

Dear Ms. Sheffield:

This is in response to your electronic ruling request of April 23, 2004, to the National Commodity Specialist Division (NCSD) New York, requesting a binding ruling on the classification under the Harmonized Tariff Schedule of the United States (HTSUS), of a “Hunter Pak,” on behalf of Crown Marketing Group LLC. Your ruling request was referred to this office by the NCSD for reply. A sample was subsequently submitted to the NCSD, by submission dated October 7, 2004 for examination.


The subject merchandise consists of item #321052, a “Hunter Pak” from China from the “Gear to Go” line of merchandise. The “Hunter Pak” is a group of hunting tools consisting of 1) a 5” hunting blade, skinning blade with gut hook and a woodsman’s saw and one anti-slip rubberized grip handle with blade lock to hold each item; 2) a two-position shovel blade with a pick-axe head and a two-part handle, a portion of which is detachable; 3) a limb clipper with locking clipper jaws and 8 allen wrenches of different sizes attached to the handles; and 4) a nylon pouch fitted with pockets and compartments for each of the above items. The items are packed in the pouch which is packed in a box which describes all of the items. You have provided us with the cost breakdown for each of the four items described above.

The knife blades and saw blade are made of metal. The blade handle consists of what is described as a “rubberized grip” around a metal blade lock, however no evidence has been provided that the material is rubber as opposed to plastic, and it is therefore assumed to be plastic. The allen wrenches are described as being for bow and sight adjustment.

You request the classification of the foregoing.


What is the classification of the “Hunter Pak”?


Merchandise is classifiable under the HTSUS in accordance with the General Rules of Interpretation (GRIs). The systematic detail of the HTSUS is such that most goods are classified by application of GRI 1, that is, according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 may then be applied in order.

In understanding the language of the HTSUS, the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes (ENs), although not dispositive or legally binding, provide a commentary on the scope of each heading of the HTSUS, and are the official interpretation of the Harmonized System at the international level. See T.D. 89-80, 54 Fed. Reg. 35127, 35128 (August 23, 1989).

The knife blades are classified in heading 8211, HTSUS, the saw blade is classified in heading 8202, HTSUS, the handle for the knife and saw blades is classified in heading 3926, HTSUS, the shovel, pick, and limb clipper are classified in heading 8201, HTSUS, and the allen wrenches are classified in heading 8204, HTSUS.

No single heading covers the subject merchandise, therefore classification must be accomplished by other than GRI 1. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3. 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.

GRI 3(b) states, in relevant part, that goods put up in sets for retail sale shall be classified as if consisting of the material or component which gives them their essential character, insofar as this criterion is applicable. Explanatory Note (X) to GRI 3(b), on p. 5 (2002) states that for purposes of Rule 3(b) the term “goods put up in sets for retail sale” means goods which: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and, (c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

The subject merchandise consists of knife blades, a saw blade, a handle for the blades, a limb clipper, a shovel and pick, allen wrenches, and a fitted nylon pouch, packaged in a box ready for retail sale. The items are prima facie classifiable in more than two different headings. The items packaged together, consist of articles put up together to carry out the specific activity of hunting. 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.

The factor or factors which determine essential character will vary with the goods. EN Rule 3(b)(VIII) lists as factors the nature of the material or component, their bulk, quantity, weight or value, and the role of a constituent material in relation to the use of the goods. In this case, no one item substantially predominates in value, bulk or weight. No one item is in use continuously, or performs a function that is more critical or indispensable than the other items in the set. As such, we find that no one item gives the set its essential character.

GRI 3(c) provides that when goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. The heading occurring last in numerical order is 8211, HTSUS, which is the heading applicable to the knife blades. Because the blades would be among the items equally meriting consideration, and the heading applicable thereto occurs last numerically, it is not necessary to address which parts, if any do not equally merit consideration.

The knife blades are specifically classified in subheading 8211.94.50, HTSUS, which provides for “[k]nives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Blades: Other.”

The “Hunter Pak” is classified in subheading 8211.94.50, HTSUS, which provides for “[k]nives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Blades: Other.”

With respect to the fitted pouch, GRI 5(a) provides, in pertinent part that “[c]amera cases, musical instrument cases, gun cases, drawing instrument cases, necklace cases and similar containers, specifically shaped or fitted to contain a specific article or set of articles, suitable for long-term use and entered with the articles for which they are intended, shall be classified with such articles when of a kind normally sold therewith. We find that the fitted pouch meets the requirements of GRI 5(a), and that as a component of this GRI 5(a) set, the nylon fitted pouch is classified in subheading 8211.94.50, HTSUS. As a textile product of China, however, the nylon pouch component may be subject to textile safeguard actions. If so, the nylon pouch component is classified in subheading 4202.92.9026, HTSUSA, textile category 670.

Quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest your client check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer your client to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.


By application of GRI 3(c), the “Hunter Pak” is classified in subheading 8211.94.5000, HTSUSA, which provides for “[k]nives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208, and blades and other base metal parts thereof: Blades: Other,” with a column one, general duty rate of 1¢ each + 5.4%. The specific duty rate is applicable to each item in the set. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the internet at www.usitc.gov.


Myles B. Harmon, Director

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