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NY 813751




August 30, 1995

CLA-2-82:S:N:N3:115 813751

CATEGORY: CLASSIFICATION

TARIFF NO.: 8206.00.0000/8204.12.0000

Ms. Jane Parker
Performance Inc.
One Performance Way
Chapel Hill, NC 27514

RE: The tariff classification of a bicycle tool/repair kit from Taiwan.

Dear Ms. Jane Parker:

In your letter dated August 1, 1995, you requested a tariff classification ruling.

The subject item is the Performance Deluxe Tool Kit, style 70-2706, which includes the following:
a) chain rivet tool b) 6" adjustable wrench c) 6 piece Allen wrench set - 2 to 7 mm d) third hand brake tool e) 1/8" flat head screwdriver f) #0 Phillips screwdriver g) patch kit h) nylon tire levers i) 8/9/10mm "Y" socket wrench j) double ended spoke wrench k) Cordura pouch - which is a tool roll l) Stuff sack - (which houses the Cordura pouch) and attaches under your seat with Velcro straps.

Under the HTS, goods put up in sets for retail sale are classified as explained below. Classification is based on the essential character of the set. The essential character of this set is found in the items classifiable under the various hand tool provisions of headings 8202 to 8205 inclusive. These items constitute a sub-set which meet the criteria required for classification in heading 8206.00.0000 as tool sets. Heading 8206.00.0000 requires that duty be applied to that item in the tool set subject to the highest rate of duty.

The applicable HTS subheading for the Performance Essential Tool Kit will be 8204.12.0000, as derived from heading 8206.00.0000, which provides for adjustable wrenches. The rate of duty will be 9% ad valorem.

The tool roll and the stuff sack which are both classifiable in 4202.92.9025, HTS, falls within textile category designation 670. Based upon international textile trade agreements, products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs 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

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