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NY D84979




December 4, 1998

CLA-2-96:RR:NC:115:D84979

CATEGORY: CLASSIFICATION

TARIFF NO.: 9613.20.0000

Mr. Richard J.Ambrose Jr.
F.J.Neil Co.,Inc.
1064 Route 109 Box 617
Lindenhurst,New york 11757-0617

RE: The tariff classification of a multi-lighter from Korea.

Dear Mr. Ambrose:

In your letter dated November 16, 1998 you requested a tariff classification ruling.

The sample is multi-functional, it consists of a cigarette lighter, knife, screwdriver, scissors and a nail file. The size of the multi-functional lighter is 17m x 57m x 15m.

The General Rules of Interpretation (3) refers to "goods put up in sets for retail sale." The Explanatory Notes to GRI(3) define sets in the following manner. A set must consist of at least two different articles which are, PRIMA FACIE, classifiable in different headings. A set must consist of "products or articles put up together to meet a particular need or carry out a specific activity." Sets must be put up for sale directly to users without repacking (e.g., in boxes or cases or on boards). When goods cannot be classified by reference to other parts of this section, they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. For this sample the cigarette lighter appears last in the Harmonized Tariff Schedule of the United States.

The applicable subheading for the multi-functional lighter will be 9613.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Pocket lighters gas fueled, refillable. The rate of duty will be 9% ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Melvyn Birnbaum at 212-466-5487.

Sincerely,

Robert B. Swierupski
Director,

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