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NY N016394




September 13, 2007

CLA-2-84:RR:E:NC:N1:104

CATEGORY: CLASSIFICATION

TARIFF NO.: 8467.29.0090

Mr. Kyung Henry Kim
Kentra International Services Corporation 145-34 157th Street, First Floor
Jamaica, NY 11434

RE: The tariff classification of a cordless, battery powered stapler set from China.

Dear Mr. Kim:

In your letter, dated August 28, 2007, on behalf of your client, Arrow Fastener Company, Inc., Saddle Brook, NJ, you requested a tariff classification ruling.

Model CT50 is a set comprised of a cordless, battery powered stapler, a battery (10.8 volt lithium-ion), a battery charger (120 VDC, 60 Hz, 32 watt, 1.6A), and T50 staples. The stapler fires all sizes of T50 staples. During use it holds two full strips of T50 staples. The stapler, battery, charger, and staples are packaged together for retail sale in a molded plastic case at the time of importation.

General Rule of Interpretation (GRI) 1, Harmonized Tariff Schedule of the United States (HTSUS), states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order.  Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUS.  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.

            The stapler set consists of at least two different articles that are, prima facie, classifiable in different headings.  The set consists of articles put up together to carry out a specific activity (i.e., fastening). Finally, the articles are put up in a manner suitable for sale directly to users without repacking.  Therefore, the set 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 GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character.

            Regarding Model CT50, the cordless stapler imparts the essential character to this set noting GRI 3(b).

The applicable subheading for the cordless, battery powered stapler set will be 8467.29.0090, HTSUS, which provides for Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: With self-contained electric motor: Other: Other. The rate of duty will be free.

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 CFR 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.

Sincerely,

Robert B. Swierupski
Director,

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