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NY K86953

June 25, 2004
CLA-2-90:RR:NC:N1:105 K86953


TARIFF NO.: 9031.80.8085

Ms. Stephanie DeSilva
Avon Products, Inc.
1251 Avenue of the Americas
New York, NY 10020

RE: The tariff classification of a Hang-It-Up Kit from China

Dear Ms. DeSilva:

In your letter dated June 7, 2003, you requested a tariff classification ruling.

You state, concerning the sample Barbara K! # 277508: “a) A hanging kit that includes a hammer, tape measure, level, and hanging hardware b) The head of the hammer weights 7 oz c) The tape measure has a plastic and rubber casing, and extends to 10’. The tape measure is retractable. d) The level is a 2-in-1 level. It functions as a normal level, but also has a removal small “pocket” level e) The kit includes a small bag of hanging hardware, including nails, hooks, and screws that would be associated with hanging pictures on a wall f) The kit is enclosed in a nylon carrying case for easy storage g) The kit contains an insert card with information about the product”

The kit lacks the screwdriver(s) that would ordinarily be used to drive the two sizes of screws (both with phillips heads) in the bag of hanging hardware. However, unlike New York Ruling Letter C83196-115, 3-6-98, it is clear from the listing of contents on the package that no screwdrivers will be added prior to sale to the consumer.

The items of the kit are put up in a manner suitable for sale directly to users without repackaging, and they are used together in carrying out the specific activity of the straight hanging of articles to a wall.

We do not find the articles classified in any one heading to provide the essential character of the set. Of those equally meriting consideration for same, the heading for the level appears last in the HTS, noting HTS General Rule of Interpretation 3-c

The applicable subheading for the 277508 will be 9031.80.8085, Harmonized Tariff Schedule of the United States (HTS), which provides for “other,” non-“optical,” measuring or checking instruments, appliances, and machines. The rate of duty will be 1.7 percent ad valorem.

The sample is being returned to you in a separate mailing.

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 J. Sheridan at 646-733-3012.


Robert B. Swierupski

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