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NY L89263

January 10, 2006

CLA-2-84:RR:NC:1:104 L89263


TARIFF NO.: 8479.89.9897

Mr. Robert S. Jasany
SpanSet, Inc.
P.O. Box 2828
3125 Industrial Drive
Sanford, NC 27332

RE: The tariff classification of rescue kits from the United Kingdom

Dear Mr. Jasany:

In your letter dated December 7, 2005 you requested a tariff classification ruling.

With your inquiry you submitted a representative sample of the “Gotcha Rescue Kit”, as well as literature describing the kit. The “Gotcha Rescue Kit” is designed to aid rescuers in (1) attaching a casualty who is suspended by a fall arrest lanyard, (2) raising a casualty in order to release the casualty’s existing attachment (such as a fall arrest lanyard) and/or (3) raising or lowering a casualty to a point of safety. The control feature of the rescue kit locks automatically if released. The kit’s components are color coded for ease of use. The submitted kit, Model “Gotcha 50”, is composed of the following articles: 50 feet of rope
3 metal locking carabiners
1 double pulley (blue)
1 single pulley (green)
1 clip (red)
1 plastic pole with 1 metal carabiner attached at one end by means of short length of rope approximately 10 inches in length 1 GRIGRI, a self-braking mechanical belay-descender device 1 set of documents, i.e.,1 brochure containing instructions for the installation and use of the kit and 1 “Product History Card” and 1 vinyl drawstring closure carry bag (into which all of the above is packaged).

As per your conversation with a member of my staff, you indicate that the kits will be sold to the customer in this condition. No repacking will occur once the kits reach the United States.

The “Gotcha Rescue Kit” is available in four versions. The kits differ only in the length of rope included in the kit. All other components are the same in each kit. Kit sizes are as follows: “Gotcha 50”, “Gotcha 100”, “Gotcha 150” and “Gotcha 200”, i.e., 50 feet, 100 feet, 150 feet and 200 feet of rope, respectively.

The sample you submitted is not conspicuously marked with the country of origin. While certain components are marked with the SpanSet address in the UK” or with a blind marking of “Wales UK”, the ultimate consumer has to open the bag and withdraw the components in order to see the various markings. Indeed one component, i.e., the small carabiner, bears the blind marking “Italy”. The vinyl carry bag does not have any country of origin marking. The only visible markings on the bag are the “Gotcha Rescue Kit™” logo and “SpanSet®” on one side and the serial number followed by a set of initials on the other. Therefore, if imported as is, the sample submitted would not meet the country of origin marking requirements of 19 U.S.C. §1304. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

We are returning your sample as you requested.

The “Gotcha Rescue Kit” (Models “Gotcha 50”, “Gotcha 100”, “Gotcha 150” and “Gotcha 200”) meets the requirements for classification as a set, as outlined in General Rule of Interpretation 3 of the Harmonized Commodity Description and Coding System Explanatory Notes. In accordance with GRI 3(c), the applicable subheading for the “Gotcha Rescue Kit” (Models “Gotcha 50”, “Gotcha 100”, “Gotcha 150” and “Gotcha 200”) will be 8479.89.9897, Harmonized Tariff Schedule of the United States (HTSUS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem. The carrying bag is of a kind discussed in General Rule of Interpretation 5(a), and thus is not separately classifiable.

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 World Wide Web at http://www.usitc.gov/tata/hts/.

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 Patricia O’Donnell at 646-733-3011.


Robert B. Swierupski

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