CLA-2 CO:R:CV:G: 085481 JLV
John M. Peterson, Esq.
Neville, Peterson & Williams
39 Broadway
New York, New York 10006
RE: Miniature potting or garden tools and accessories; sets
Dear Mr. Peterson:
In a letter of August 10, 1989, on behalf of your client,
Totes, Inc., Loveland, Ohio, you request reconsideration of a
ruling letter of July 31, 1989 (file 843179), in which a Totes
"Potting Tools Set" was classified as other hand tools, not
elsewhere provided for: other household tools, in subheading
8205.51.30, Harmonized Tariff Schedule of the United States
(HTSUSA). Our decision follows.
FACTS:
The merchandise consists of six items: a miniature
trowel measuring approximately 7-1/2 inches in length, a
miniature spade measuring approximately 7-1/2 inches in
length, a miniature rake measuring approximately 5-3/4 inches
in length, a safety pruner measuring approximately 7-1/4
inches in length, a pair of woven cotton gloves with applied
cuffs, and a fold-over pouch of plastic and nylon that is
designed with individual pockets for each tool and a snap-
fastened elastic band to hold the gloves. The trowel, spade,
and rake have wooden handles and metal working parts. The
pruner has plastic handles (without finger rings) and spring-
action metal blades.
On June 22, 1989 (file 083964), we held, in pertinent
part, that certain miniature hand tools similar to the
articles in issue were classified as other household hand
tools in subheading 8205.51.75, HTSUSA, because the miniature
tools were not of the kind of larger and sturdier hand tools
intended for classification in heading 8201, HTSUSA.
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You agree that the articles are classifiable as a set,
but conclude that they are properly classifiable in subheading
8201.10.00 because (1) the language of heading 8201 is not
limited by criteria based on size, and (2) the language of
heading 8201 does not require all tools within that heading to
be principally used for agricultural, horticultural, or
forestry purposes.
ISSUE:
Are miniature hand tools, which resemble in shape and
general appearance those articles known as trowels, shovels,
rakes, and secateurs, excluded from heading 8201 because they
are not as large and sturdy as the type of hand tools commonly
known as trowels, shovels, rakes, and secateurs?
Are these miniature hand tools "of a kind used in * * *
horticulture" if the use is for the care of potted plants in
or around the household?
LAW AND ANALYSIS:
The headings in issue are headings 8201 and 8205, HTSUSA,
which provide as follows:
8201 Handtools of the following kinds and base metal
parts thereof: spades, shovels, mattocks, picks,
hoes, forks and rakes; axes, bill hooks and similar
hewing tools; secateurs and pruners of any kind;
scythes, sickles, hay knives, hedge shears, timber
wedges and other tools of a kind used in
agriculture, horticulture or forestry
8205 Handtools (including glass cutters) not elsewhere
specified or included; blow torches and similar
self-contained torches; vises, clamps and the like,
other than accessories for and parts of machine
tools; anvils; portable forges; hand- or pedal-
operated grinding wheels with frameworks; base
metal parts thereof
First, except to the extent necessary as a result of the
classification of the individual components, we need not
review the determination that the articles as imported
constitute a set within General Rule of Interpretation (GRI)
3(a) and (b), HTSUSA. Furthermore, the classification of the
secateur (pruning shears) is not an issue. Heading 8201
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provides in pertinent part for "secateurs of any kind." The
Explanatory Notes (EN) to heading 8201 describe (in relevant
part) secateurs as follows:
(5) One-handed secateurs (including poultry shears).
These are generally composed of two shafts
articulated on a pivot about three-quarters of the
way along their length. * * * they further differ
from the scissors of heading 82.13 since they have
no finger rings.
Secateurs almost always have a spring which
forces the shafts apart after cutting, and a hook
or other fastening so that they can be easily
opened or closed with one hand. In cutting they
are manipulated with one hand, and they have a very
powerful action.
This heading includes gardeners' secateurs,
flower or fruit secateurs; vineyard secateurs with
narrow, tapering blades, etc.
The small secateur included in the imported set falls within
this description. Although lightweight, they are similar to
bud shears or floral pruning shears. We conclude that the
secateur would be classifiable (if imported separately) in
subheading 8201.50.00, HTSUSA.
Concerning the classification of the "spade," "trowel,"
and "rake," we adopt the rationale of our ruling of June 22,
1989 (file 083964), in which we held that similar miniature
tools were not spades, rakes, or horticultural tools of
heading 8201. Spades, rakes, and trowels of the type in 8201
may be large or small, as long as they meet the common meaning
of the terms. In this case, the miniature spade does not rise
to the level of a spade which is defined in Webster's Third
New International Dictionary (Unabridged), 1965, at page 2181,
as "an implement for turning soil * * * adapted for being
pushed into the ground with the foot * * *." The miniature
rake does not rise to the level of a rake which is defined at
page 1876 as "a hand tool usu. of a bar with projecting prongs
that is set transversely at the end of a long handle and used
for gathering grass, leaves, or other material or for
loosening or smoothing the surface of the ground * * *."
Regarding classification as other tools of a kind used in
horticulture in heading 8701, we also conclude that the lack
of substantial construction and size are sufficient to remove
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these miniature tools, including the miniature trowel," from
the type of tools commonly recognized and used in the pursuit
of horticulture. For example, the list of exemplars in the EN
to heading 8201 includes tools that have a more durable and
serious application to agricultural or horticultural uses: "
* * * planters, seeders, dibbers, trowels and transplanters;
fruit pickers; cow combs, curry combs and pig scrapers; * * *
lawn edging irons; sheep shears."
In view of this, and absent a more specific provision,
the implements fall within heading 8205 for hand tools not
elsewhere specified or included. The miniature size of these
implements is evidence of their use in the household rather
than in a commercial or business setting. These implements
would be used, for example, by the occasional hobbyist around
the home. Therefore, we conclude that they are classified in
subheading 8205.51.30, HTSUSA, as other household hand tools
of iron or steel.
GRI 3(b) requires that goods put up in sets for retail
sale shall be classified as if they consisted of the component
which gives them their essential character. The components of
the set are the pair of gloves, the three miniature imple-
ments, and the secateur (bud shears). Although the bud shears
appear to have the most significant functional or utilitarian
use in the set, that feature alone does not warrant a
conclusion that the bud shears impart the essential character
to the set. GRI 3(c) requires that, when goods cannot be
classified by Rule 3(a) or 3(b), they are to be classified in
the heading which occurs last in numerical order among those
which equally merit consideration. In this case, the three
miniature implements are classified within heading 8205. That
classification merits equal consideration with heading 8201
and heading 6216 (gloves). Therefore, the classification of
the set is in subheading 8205.51.30, HTSUSA, pursuant to GRI
3(c), HTSUSA.
HOLDING:
For the above reasons, we conclude that the miniature
tools, secateur, pair of gloves, and wraparound case are
classified as a set in subheading 8205.51.30, HTSUSA.
Sincerely,
John Durant, Director
Commercial Rulings Division
6cc: AD NY Seaport
2cc: Chief, CIE
1cc: AC, CO
1cc: Durant
1cc: Reading File
1cc: NIS Martin Schulberg
LIBRARY: valentin
FILE NAME: 085481