CLA-2 CO:R:CV:G: 084074 JLV
8204.20.00; 8205.40.00; 8211.93.00;
3005.10.50; 3919.10.20; 3926.20.10
Mr. David C. Yezek
Karl Schroff & Associates, Inc.
9757 W. Farragut St.
Chicago, Illinois 60018
RE: Emergency repair kit consisting of air compressor, tools,
and light packaged in a tool box
Dear Mr. Yezek:
In an undated letter, received by Customs on March 6,
1989, you requested on behalf of your client C&O Enterprises,
Inc., Northbrook, Illinois, a tariff classification ruling on
an article called a "45 piece Repair Emergency Kit." A sample
and advertising literature were submitted. Our classification
ruling follows.
FACTS:
The article is a Model KC332C repair kit consisting of a
9-piece 1/4-inch drive socket set with screwdriver handle
driver, two screwdrivers, a utility knife, plastic insulation
tape approximately 2cm in width, tire pressure gauge, fuses, 4
first aid adhesive strips, a plastic tray for these items,
booster cables, siphon hose, a pair of disposable seamless
plastic gloves, and a rigid plastic tool box measuring
approximately 7 inches by 8 inches by 12 inches with a 4-inch
circular opening in one end. Mounted inside the box is a
200psi air compressor and mounted on the end of the box at the
opening is a 25W light. The compressor and light, equipped
with an adaptor plug for a receptacle such as that for an
automotive cigarette lighter, are designed to operate from a
12 volt DC power source.
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The repair kit is advertised as a repair emergency kit
for "Car, RV, Boat or for the House" and as a "highway
Emergency Kit" that meets the emergency needs "of motorists,
truckers, campers, or boaters" and "for the home."
In a ruling letter of July 22, 1988 (file 081427), we
held that an auto visor kit, consisting of a small mirror,
comb, memo pad and pencil, in a folding, plastic container
with a zipper map pocket and an eyeglass holder, was
classified under General Rule of Interpretation (GRI) 1 of the
Harmonize Tariff Schedule of the United States Annotated
(HTSUSA) as a motor vehicle accessory in subheading
8708.99.50. In a ruling letter of June 9, 1989 (file 083828),
we held that a combination of items packaged and marketed in a
plastic-reinforced vinyl bag as a motor vehicle emergency
repair kit was not classifiable under GRI 1 as a motor vehicle
accessory because it was not an accessory within the meaning
of heading 8708.
ISSUE:
What is the classification of a combination tool kit, air
compressor, and work light?
LAW AND ANALYSIS:
Classification under the HTSUSA is governed by the GRI.
GRI 1 states, in pertinent part, that classification shall be
determined according to the terms of the headings and any
relative section and chapter notes, and provided such headings
or notes do not otherwise require, according the the rules
that follow GRI 1. GRI 2 is not applicable. GRI 3 states, in
pertinent part, that when, for any other reason [other than
GRI 2(b)], goods are prima facie classifiable under two or
more headings, classification shall be according to the rules
that follow. In this case, it appears that the repair kit is
classifiable under several headings: as an accessory for
motor vehicles in heading 8708; as a set under the heading for
the article which gives the set its essential character; or as
separate articles under various headings (GRI 3(a)).
Although described as an emergency repair kit for an
automobile, classification as a motor vehicle accessory is
precluded because, as stated in our ruling of June 9, 1989, on
the classification of a similar emergency kit, the repair kit
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is not within the meaning of the term "accessory" because it
does not facilitate the use of a motor vehicle, does not widen
the range or use of a motor vehicle, does not improve the
operation of a motor vehicle, and is not identifiable as being
intended solely or principally for use with a motor vehicle.
The compressor and light, although designed to operate from
power supplied through a common motor vehicle cigarette
lighter receptacle, the uses are for many things other than
for motor vehicles, i.e., around the home to inflate
basketballs or bicycle tires, in a travel camper, or in marine
locations.
The various headings under which the individual
components are classified each refer to part only of these
items in a set put up for retail sale. Therefore, under GRI
2(a) and 2(b), if the article is a set, it is classified as if
it consisted of the component which gives the set its
essential character. Explanatory Note X to GRI 3(b)
establishes three criteria for determining whether an article
consists of "goods put up in sets for retail sale." In this
case, at least two of the components are prima facie
classifiable in different headings (compressor in heading
8414, socket set in heading 8204) and are put up in a manner
suitable for sale directly to users without repacking. The
third criterion requires that the goods consist of products or
articles put up together to meet a particular need or carry
out a specific activity. These goods do not meet this
criterion. The adhesive strips, siphon tube, and disposable
gloves do not meet the defined need (repair) for which the
other components have been assembled.
Therefore, the goods would be individually classified as
follows: the compressor, plastic box, and electric light as a
single item (physically and functionally one item) are
classified as a compressor in subheading 8414.80.10; the slip
joint pliers in subheading 8203.20.40; the sockets with handle
in subheading 8204.20.00; the screwdrivers in subheading
8205.40.00; the utility knife in subheading 8211.93.00; the
air pressure gauge in subheading 9026.20.80; the adhesive
bandages in subheading 3005.10.50; the plastic self-adhesive
tape in subheading 3919.10.20; the seamless plastic gloves in
subheading 3926.20.10; and the booster cables in subheading
8544.41.00, HTSUSA. The rates of duty will depend on the
country of origin for each of the articles.
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HOLDING:
The emergency repair kit is not classified as a set; each
component is separately classified as stated in this ruling.
Sincerely,
John Durant, Director
Commercial Rulings Division
LIBRARY: valentine
FILE NAME: 084074
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: HS Staff, HQ
1cc: AC, CO
1cc: Director, Comm Rul Div
1cc: Reading File