CLA-2 CO:R:C:G 087432 NLP
F.S. Dickson
The American Import Company
1453 Mission Street
San Francisco, CA 94103-2577
RE: Pistol Cleaning Kit
Dear Sir:
This is in response to your letter of June 18, 1990
requesting the tariff classification of a pistol cleaning kit,
imported from Taiwan. An illustration of the merchandise was
submitted for our examination.
FACTS:
The pistol cleaning kit is comprised of the following:
1 Plastic Grip and cover with belt
1 Base steel bar with bronze joint and muzzle
protector
1 Extension bar
1 Bronze bit
1 Phosphor bronze brush
1 Cotton bristle
The pistol cleaning kit is designed to clean out a pistol.
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI's). GRI
1 provides that classification is determined according to the
terms of the headings and any relevant section or chapter notes
and, unless otherwise required, according to the remaining GRI's,
taken in order.
GRI 3 states, in pertinent part:
When by application of Rule 2(b) or for any other reason,
goods are, prima facie, classifiable under two or more
headings, classification shall be affected as follows:
(b) Mixtures, composite goods consisting of different
materials or made up of different components, and goods
put up in sets for retail sale, which cannot be
classified by reference to 3(a), shall be classified
as if they consisted of the material or component
which gives them their essential character, insofar as
this criterion is applicable.
Explanatory Note (X) to GRI 3(b) states that the term "goods
put in sets for retail sale" means goods which:
(a) consist of at least two different articles which
are, prima facie, classifiable in different
headings;
(b) consist of products or articles put up together to
meet a particular need or carry out a specific
activity;
(c) are put up in a manner suitable for sale directly
to users without repacking.
In the instant case, the pistol cleaning kit qualifies as a
set within the meaning of GRI 3(b). The kit consists of at least
two different articles which are classifiable in different
headings. The kit contains products which are put up together to
carry out the activity of cleaning a pistol. The kit is put up
in a manner suitable for sale directly to users without
repacking.
Since the pistol cleaning kit is a set we must determine the
essential character of the kit in accordance with GRI 3(b).
Explanatory Note VIII to GRI 3(b) states that:
The factor which determines essential character will
vary as between different kinds of goods. It may, for
example, be determined by the nature of the material or
component, its bulk, quantity, weight or value, or by
the role of a constituent material in relation to the
use of the goods.
In this case, the component which gives the kit its
essential character is not readily apparent. Each part in the
kit plays a role in the cleaning of the pistol. No single item
imparts a unique character to the function of the kit, as a
whole, and, moreover, none of the factors given above prove
determinative in any respect.
When, as in the instant case, the component which gives the
goods at issue their essential character cannot be determined,
classification is determined by utilizing GRI 3(c). GRI 3(c)
provides the following:
(c) When goods cannot be classified by reference to
3(a) or 3(b), they shall be classified under the
heading which occurs last in numerical order
among those which equally merit consideration.
The competing headings for the pistol cleaning set are as
follows:
Plastic grip 3926.90.25, which provides for
other articles of plastics and
articles of other materials of
headings 3901 to 3914, other,
handles and knobs, not elsewhere
specified or included, of
plastics.
Base Steel bar 8205.59.55, which provides for
Extension bar other handtools and parts
thereof, other, other
Bronze Bit 8205.59.60, which provides for
other handtools and parts
thereof, other, of copper
Phosphor Bronze 9603.90.8050, which provides for
Brush brushes (including brushes
constituting parts of machines,
appliances or vehicles) other,
other, other.
Cotton bristle 1403.90.40, which provides for
vegetable materials of a kind
used primarily in brooms or in
brushes, other, other.
Applying GRI 3(c), the pistol cleaning kit is classifiable
in Heading 9603, HTSUSA, which appears last in numerical order
among the above competing headings which equally merit
consideration.
HOLDING:
The pistol cleaning kit is classifiable in subheading
9603.90.8050, HTSUSA, which provides for brushes, other, other.
The rate of duty is 5.6 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division