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HQ 950936

January 10, 1992

CLA-2 CO:R:C:M 950936 DWS

CATEGORY: CLASSIFICATION

TARIFF NO.: Unknown

Mr. Lloyd Speirs
A & L Farms
58551 Dent Road
Laidlaw, British Columbia
Canada

RE: Survival Kit; GRI 3(b); EN 3(b)(X)

Dear Mr. Speirs:

This is in response to your letter of October 7, 1991, concerning the classification of a survival kit under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject survival kit is contained within a sealed tin can. It is used by hunters, skiers, bikers, etc. The kit is comprised of a metal stove and pot, a can of petroleum fuel, a plastic blanket, waterproof matches, a gauze pad, a glass mirror, a plastic spoon and whistle, soup mixes, cords, a cotton ball, an elastic band, and an instruction sheet.

ISSUE:

Is the subject survival kit a "set", or are the articles contained within the kit to be classified under their respective headings?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

GRI 3 must be considered in the classification of merchandise put up in sets for retail sale. GRI 3(b) provides that:

[m]ixtures, 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.

In understanding the language of GRI 3(b), the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. Explanatory Note 3(b)(X) (p. 4),HTSUS, provides that "[f]or the purpose of this Rule, the term 'goods put up in sets for retail sale' shall be taken to mean 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 (e.g., in boxes or cases or on boards)."

The survival kit does not meet the criteria for treatment as a set under GRI 3 analysis. The articles in the kit "consist of at least two different articles which are, prima facie, classifiable in different headings" and the kit is "put up in a manner suitable for sale directly to users without repacking." However, the kit does not "consist of products or articles put up together to meet a particular need or carry out a specific activity." The survival kit contains articles that do meet more than one particular need or carry out more than one specific activity.

The subject survival kit does not meet the criteria for treatment as a set under GRI 3 analysis. Under GRI 1, all of the articles contained within the kit must be classified separately under their respective headings in the HTSUS.

HOLDING:

The articles contained within the survival kit should be classified individually. The classification of any of these articles on an individual basis does not seem to present any unusual difficulties. If you are unsure of the classification of a particular article, you should use the District Rulings procedure as usual.

Sincerely,

John Durant, Director
Commercial Rulings Division

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