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HQ 952729

June 24, 1994

CLA-2-CO:R:C:F 952729 K

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.10.5000; 3305.10.0000; 3305.90.0000; 3306.10.0000; 3307.10.1000; 3307.20.0000; 3402.20.1000; 3402.20.5000; 3405.10.0000; 4202.92.4500; 5508.10.0000; 5601.21.0090; 6109.10.0040; 6805.20.0000; 7319.10.0000; 7319.20.0050; 7419.99.5050; 8212.10.0000; 8213.00.3000; 8213.00.9000; 9603.21.0000; 9606.21.6000; 9615.11.1000; 9615.11.2000

Ms. Marty Lantry
Castelazo & Associates
Tower Group International Inc.
5420 West 104th Street
Los Angeles, California 90045

RE: Classification Of An Overnight Airline Kit And The Question of Sets

Dear Ms. Lantry:

In your submissions of July 30, 1992, and March 5, 1993, on behalf of your client, Mirant Industries, you asked that we rule that an overnight airline kit made in China is classifiable as a set. Our response follows.

FACTS:

The sample airline overnight kit consists of a comb, razor, shaving cream, deodorant, shampoo, hair conditioner, toothpaste, toothbrush, clothes cleaner, shoe polisher, cotton knit nightshirt, and a utility kit (with emery board, cotton balls, bandage, thread, needle threader, needle, buttons, pins and scissors in a case), packed in a PVC zipper-close case. The kit is intended for use in assisting travelers when their luggage is lost. Classification is claimed under heading 9605.00.00, Harmonized Tariff Schedule of the United States (HTSUS) covering travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214).
However, there are articles in the kit such as the cotton knit
nightshirt, Woolite clothes cleaner, and shoe polisher, that would not qualify as a set under heading 9605.00.00, HTSUS.

ISSUE:

The issue is whether the Customs Service will construct a qualifying set or sets out of articles of a failed set.

LAW AND ANALYSIS:

Heading 9605.00.00, HTSUS, provides for travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure and pedicure sets of heading 8214) with duty at the general rate of 8.1 percent ad valorem.

In New York Ruling Letter (NYRL) 826210, dated February 5, 1988, it was determined that five kitchen articles and one non- kitchen article imported together did not comprise a set within the meaning of GRI 3(b) and the articles were therefore separately classifiable. In a memorandum to the Area Director, New York Seaport, dated March 25, 1988, Headquarters expressed agreement with the determination in NYRL 826210. Accordingly, Customs will not attempt to construct a qualifying set or sets out of articles of a failed set.

HOLDING:

Customs will not construct a qualifying set or sets out of articles of a failed set. The articles enumerated under the caption "Facts" do not qualify as a set in heading 9605.00.00, HTSUS, and are thereby classified individually, as follows.

Hair combs valued not over $4.50 per gross are provided for in subheading 9615.11.1000, HTSUS, with duty at 14.4 cents per gross, plus 2 percent ad valorem, and, if valued over $4.50 per gross, and of hard rubber, in subheading 9615.11.2000, HTSUS, with duty at the rate of 7.8 percent ad valorem.

Razors are provided for in subheading 8212.10.00, HTSUS, with duty at the rate 0.4 cent each, plus 1 percent ad valorem.

Shaving cream is provided for as pre-shave, shaving or after-shave preparations, not containing alcohol, in subheading 3307.10.1000, HTSUS, with duty at 4.9 percent ad valorem.

Deodorants are provided as personal deodorants and antiperspirants, in subheading 3307.20.0000, HTSUS, with duty at the rate of 4.9 percent ad valorem.

Shampoos, preparations for use on the hair, are provided for in subheading 3305.10.0000, with duty at the rate of 4.9 percent ad valorem.

Hair conditioners, are classified as other preparations for use on the hair, in subheading 3305.90.0000, HTSUS, with duty at the rate of 4.9 percent ad valorem.

Toothpaste is provided for as dentifrices, preparations for oral or dental hygiene, including denture fixative pastes and powders, in subheading 3306.10.0000, HTSUS, with duty at the rate of 4.9 percent ad valorem.

Toothbrushes are provided for in subheading 9603.21.0000, HTSUS, with duty at the rate of 0.2 cent each, plus 3.4 percent ad valorem.

The Woolite clothes cleaner is classified as cleaning preparations put up for retail sale containing any aromatic or modified aromatic surface-active agent, in subheading 3402.20.10, HTSUS, with duty at the rate of 6.6 percent ad valorem, and, if it does not contain any aromatic surface-active agent, in subheading 3402.20.50, HTSUS, free of duty.

Shoe polish is provided for as polishes, creams and similar preparations for footwear or leather, in subheading 3405.10.0000, HTSUS, with duty at the rate of 2.5 percent ad valorem.

The cotton knit nightshirt, is classified as a woman's T-shirt, in subheading 6109.10.0040, HTSUS, with duty at the rate of 21 percent ad valorem, and, it falls within textile category designation 339, subject to quota/visa requirements.

The emery board is provided for as an abrasive on a base of paper or cardboard only, in subheading 6805.20.0000, HTSUS, with duty at the rate of 2.5 percent ad valorem.

The cotton balls are provided for as other articles of wadding, of cotton, in subheading 5601.21.0090, HTSUS, with duty at the rate of 7.2 percent ad valorem, and, the articles fall within textile category designation 369, subject to quota/visa requirements.

The bandage is provided for as other adhesive dressings and other articles having an adhesive layer, in subheading 3005.10.5000, HTSUS, with duty at the rate of 7 percent ad valorem.

The thread is provided for as sewing thread of synthetic staple fibers, in subheading 5508.10.0000, HTSUS, with duty at the rate of 13 percent ad valorem, and, the article falls within textile category designation 200, subject to quota/visa requirements.

The needle threader is classified as other household articles of copper, in subheading 7419.99.5050, HTSUS, with duty at the rate of 5 percent ad valorem.

The needle is provided for as sewing, darning or embroidery needles, in subheading 7319.10.0000, HTSUS, free of duty.

The buttons are provided for as other buttons, in subheading 9606.21.6000, HTSUS, with duty at the rate of 5.7 percent ad valorem.

The pins are provided for as other safety pins, in subheading 7319.20.0050, HTSUS, with duty at the rate of 9 percent ad valorem.

Scissors of base metal are provided for, if valued not over $1.75 per dozen, in subheading 8213.00.3000, HTSUS, dutiable at 2 cents each, plus 5.1 percent ad valorem, and, if valued over $1.75 per dozen, in subheading 8213.00.9000, dutiable at 10 cents each, plus 10 percent ad valorem.

The plastic case and leather bags are classifiable as other travel, sports, and similar bags, in subheading 4202.92.4500, HTSUS, with duty at the rate of 20 percent ad valorem.

Note that articles classifiable in subheadings, 3307.10.1000, 3307.20.0000, 3305.10.0000, 3305.90.0000, 3306.10.0000, 3402.20.1000, and 3402.20.5000, HTSUS, may be subject to the regulations of the Food and Drug Administration. Inquires may be made to that office at 5600 Fisher Lane, Rockville, Maryland 20857, telephone number 202-443-3380.

Sincerely,

John Durant, Director

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See also:

• Tariff No.: 3005.10.50 - Adhesive dressings and other articles having an adhesive layer, packed for retail for medical, surgical, dental, veterinary purposes
• Tariff No.: 3305.10.00 - Shampoos
• Tariff No.: 3305.90.00 - Preparations for use on the hair, nesoi
• Tariff No.: 3306.10.00 - Dentifrices
• Tariff No.: 3307.10.10 - Pre-shave, shaving or after-shave preparations, not containing alcohol
• Tariff No.: 3307.20.00 - Personal deodorants and antiperspirants
• Tariff No.: 3402.20.10 - Surface-active, washing, and cleaning preparations containing any aromatic or modified aromatic surface-active agent, put up for retail
• Tariff No.: 3402.20.50 - Surface-active, washing, and cleaning preparations nesoi, put up for retail sale
• Tariff No.: 3405.10.00 - Polishes, creams and similar preparations for footwear or leather
• Tariff No.: 4202.92.45 - Travel, sports and similar bags with outer surface of plastic sheeting
• Tariff No.: 5508.10.00 - Sewing thread of synthetic staple fibers, whether or not put up for retail sale
• Tariff No.: 5601.21.00 - Wadding of cotton and other articles of cotton wadding nesoi
• Tariff No.: 6109.10.00 - T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton
• Tariff No.: 6805.20.00 - Natural or artificial abrasive powder or grain on a base of paper or paperboard only
• Tariff No.: 7319.10.00 - Iron or steel, sewing, darning or embroidery needles
• Tariff No.: 7319.20.00 - Iron or steel, safety pins
• Tariff No.: 7419.99.50 - Copper, articles nesoi, not coated or plated with precious metal
• Tariff No.: 8212.10.00 - Base metal razors
• Tariff No.: 8213.00.30 - Base metal scissors, tailors' shears and similar shears, and blades thereof, valued n/o $1.75 per dozen
• Tariff No.: 8213.00.90 - Base metal scissors, tailors' shears and similar shears (o/than pinking shears val o$30/dz), and base metal parts, val. o/$1.75 per dozen
• Tariff No.: 9603.21.00 - Toothbrushes, including dental-plate brushes
• Tariff No.: 9605.00.00 - Travel sets for personal toilet, sewing, shoe or clothes cleaning (o/than manicure and pedicure sets of 8214)
• Tariff No.: 9606.21.60 - Buttons, of plastics (o/than casein, acrylic or polyester resins), not covered with textile materials
• Tariff No.: 9615.11.10 - Combs, of hard rubber or plastics, valued n/o $4.50 per gross
• Tariff No.: 9615.11.20 - Combs, of hard rubber, valued over $4.50 per gross