CLA-2-87:S:N:N1:101-865853
8513.10.40000; 9103.10.20; 7009.92.1000; 5609.00.40000
Ms. Lori Aldinger
Rite Aid Corporation
P. O. Box 3165
Harrisburgh, PA 17105
RE: The tariff classification of a travel accessory kit from
China, Hong Kong and Taiwan
Dear Ms. Aldinger:
In your letter dated July 31, 1991 you requested a tariff
classification ruling. You have submitted a sample of the travel
accessory kit which is composed of articles from China, Hong Kong
and Taiwan. The origin of each article is indicated on the
packaging.
The travel accessory kit contains a memo clipboard with pad
and pen, a tire gauge made of plastic, a five-in-one combination
metal tool with a knife blade, a battery operated clip-on map
light in a plastic housing, a digital clock in a plastic housing,
a glass mirror in a textile housing that clips on to the
automobile sun visor by means of elastic straps, a bungie cord
with clips on both ends, and a magnetic key holder in a plastic
housing.
Classification of products under the HTSUSA is governed by
the General Rules of Interpretation (GRIs). GRI 3(b) provides
for the classification of goods put up in sets for retail sale.
The rule states in pertinent part:
(G)oods 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.
The Explanatory Notes, which constitute the official
interpretation of the HTSUSA at the international level, state in
Note X to Rule 3(b) that the term "goods put up 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; and
(c) are put up in a manner suitable for sale directly to
users without repacking.
This travel accessory kit meets criterion (a) and (c), but
does not meet criterion (b). The items included in the kit are
used for divergent purposes, such as maintenance and passenger
comfort. Since the items in the kit are put together to carry
out several different activities or to meet several different
needs they do not satisfy criterion (b) in Explanatory Note X to
Rule 3(b). The travel accessory kit is not considered to be a
set, so we return to GRI 1 to classify each item of the kit
separately.
The applicable subheading for the memo clipboard will be
8708.20.0060, Harmonized Tariff Schedule of the United States
(HTS), which provides for other parts and accessories of motor
vehicle bodies. The rate of duty will be 3.1 percent ad valorem.
The applicable subheading for the tire gauge will be
9026.20.8000, HTS, which provides for other instruments and
apparatus for measuring or checking pressure. The rate of duty
will be 4.7 percent ad valorem.
The applicable subheading for the combination tool will be
8211.93.0030, HTS, which provides for knives having other than
fixed blades; other knives which have folding blades. The rate
of duty will be 3 cents each + 5.4 percent ad valorem.
The applicable subheading for the clip-on-light will be
8513.10.4000, HTS, which provides for other portable electric
lamps designed to function by their own source of energy. The
rate of duty will be 6.9 percent ad valorem.
The applicable subheading for the digital clock will be
9103.10.20, HTS, which provides for clocks with watch movements,
excluding clocks of heading 9104: battery powered: with opto-
electronic display only. The rate of duty will be 3.9 percent ad
valorem on the movement and case + 5.3 percent ad valorem on the
battery.
The applicable subheading for the visor mirror will be
7009.92.1000, HTS, which provides for glass mirrors..., including
rear-view mirrors: framed: not over 929 cubic cm in reflecting
area. The rate of duty will be 7.8 percent ad valorem.
The applicable subheading for the bungie cord will be
5609.00.4000, HTS, which provides for articles of yarn, strip or
the like of heading 5404 or 5405, twine, cordage, rope or cables,
not elsewhere specified or included, other. The rate of duty
will be 7.8 percent ad valorem.
The question of classification for magnetic key holders is
presently being considered by the Office of Regulations and
Rulings, U.S. Customs Service Headquarters, 1301 Constitution
Avenue, N.W., Washington D.C. 20229. If you wish to obtain a
ruling on that product, please submit your request with
descriptive literature and a sample to that office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport