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HQ 083964


June 22, 1989

CLA-2 CO:R:C:G 083964 VEA

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.19; 8213.00.9000; 8205.51.75

Louis S. Shoichet
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: Basket in the shape of a snail and miniature tools consisting of a rake, a shovel, and pruning shears.

Dear Mr. Shoichet:

Your letter of February 22, 1989, requests a ruling on behalf of your client, Avon Products, Inc., on the classification of a basket in the shape of a snail and miniature tools consisting of a rake, a shovel, and pruning shears, under the Harmonized Tariff Schedule of the United States (HTSUS). This ruling is our decision on that request.

FACTS:

The merchandise in question is imported by Avon Products, Inc. from Hong Kong. The basket is made of fern and is manufactured in China. The pruning shears are scissor-type with finger ring handles. Both the pruning shears and miniature tools are manufactured in Taiwan. All of the items are shipped to Hong Kong, where they are packaged together and exported to the United States.

The importer argues that these items should be classified as a set because they are packaged, marketed and sold as a unit. The basket gives the set its essential character. Its cost makes up more than half of the value of the set, and it can be used as a receptacle for the miniature tools, as a planter, or as a decorative piece. In the alternative, the importer argues that the items should be classified separately in the following provisions: the basket in subheading 4602.10.11.00, the shovel in subheading 8201.10.00, the rake in subheading 8201.30.00.00, and the scissors in subheading 8213.00.90.00.

ISSUE:

Whether the basket and miniature handtools constitute a set and are properly classifiable as basketwork, wickerwork and other articles, in heading 4602, or as separate items in headings 4602, 8201 or 8205, and 8213.

LAW AND ANALYSIS:

The General Rules of Interpretation (GRI's) govern classification under the Harmonized Tariff Schedule. GRI 1 states that classification shall be determined according to the terms of the headings and to any relative section or chapter notes. The relevant headings and subheadings at issue in this case include:

4602 Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah:

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:

8213 Scissors, tailors' shears and similar shears, blades and other base metal parts thereof:

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:

Based on the language of the headings, the articles at issue can be classified in two or more headings. When goods are prima facie classifiable under two or more headings, classification is made on the basis of GRI 3. GRI 3(b) states that goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character.

The Explanatory Notes for GRI 3(b) state that goods put up for retail sale as a set must: (a) consist of two different articles which are prima facie classifiable in different headings; (b) be products or articles put together to meet a particular need or carry out a specific activity; and (c) be put up in a manner suitable for sale directly to users without repacking. Although the goods at issue in this case meet the requirements of a and c, they do not meet b. The miniature tools are put together to carry out a specific activity i.e. gardening, however, the basket does not contribute to this activity. It functions as a container for the gardening tools, but can also be used for other purposes. The importer's submission states that the basket can be used as a receptacle for the miniature gardening tools, as a container for any other item, or as a decorative piece.

Even though the wicker basket functions as a container, it does not meet the requirements of GRI 5 (a) or (b). GRI 5(a) provides that containers shaped or fitted to contain a specific article or set of articles, shall be classified with such articles when of a kind normally sold therewith. GRI 5(b) states that packing materials and packing containers presented with the goods therein shall be classified with the goods if they are of a kind normally used for packing such goods.

The basket at issue fails under this provision. It is in the shape of a snail, and is large enough to accommodate the miniature tools, however, it is not shaped or fitted to contain these specific articles, nor is it the normal kind of packing container for the goods.

Since these items cannot be classified together as a set, they must be classified separately. Under GRI 1, heading 4602 is the appropriate heading for classifying the basket. To be classified in this heading, an article must be basketwork, wickerwork, and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601. Chapter note 1 to Section IX, Chapter 46, defines plaiting materials as "materials in a state or form suitable for plaiting, interlacing, or similar processes; it includes straw, osier, or willow, bamboos, rushes, reeds, strips of wood, strips of other vegetable material." The basket at issue in this case meets these requirements. It is made of fern that is plaited together and formed into the shape of snail.

The pruning shears are properly classifiable in heading 8213, which specifically provides for scissors, tailors' shears and similar shears, and blades and other base metal parts. Chapter note 1 to Chapter 82, Section XV, states that this chapter covers only articles with a blade, working edge, working surface, or other working part of base metal. The shears at issue in this case consist of two metal blades.

Based on the language of the headings, the miniature tools at issue can be classified in two headings, 8201 and 8205. GRI 3(a) requires that goods be classified according to the heading which provides the most specific description.

Heading 8201 provides for handtools (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 used in agriculture, horticulture, or forestry). The Explanatory Notes to heading 8201, although not legally binding provide some guidance as to the types of articles intended for classification in that provision. They state that this heading covers handtools used mainly in agriculture, horticulture or forestry, though some may be used for other purposes (e.g. in road work, navying, mining, quarrying,
woodworking or household work). Use in these applications indicates that heading 8201 applies to hand tools, which are larger and more sturdier than those at issue in this case. The tools in this case are miniature handtools, which can only be used to perform small tasks, and are clearly not the kind of handtool intended for classification in 8201.

Based on the language of heading 8205, the shovel and rake are properly classified in that provision. Heading 8205 provides for handtools and household tools that are not included in any other provision. The tools in this case are are not provided for in any other provision. Also, they are miniature handtools, which are practical for small household tasks. Thus, under GRI 3(a), heading 8205 provides the most specific description of the tools and is the appropriate heading for classification.

HOLDING:

The basket is properly classifiable as basketwork, wickerwork and other articles in heading 4602, subheading 4602.10.19. The pruning shears are classifiable in heading 8213, subheading 8213.00.90. The miniature tools are properly classifiable in heading 8205, subheading 8205.51.75. Your samples are being returned as requested.

Sincerely,

John Durant, Director

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