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February 16, 1999

CLA-2-84:RR:NC:1:103 D86793

CATEGORY: CLASSIFICATION

TARIFF NO.: 8479.89.9797

Ms. Gayle Pike
Charles M. Schayer & Co.
PO Box 17769
Denver, CO 80217

RE: The tariff classification of a set for securing camping gear from China

Dear Ms. Pike:

In your letter dated January 21, 1999 on behalf of Kwik Tek Inc. you requested a tariff classification ruling.

With your inquiry you submitted a sample of the Pack Rat™, which is being returned in accordance with your request. This item consists of a ratchet tie down with two straps and hooks, a textile lashing strap with a plastic side release buckle, a knotted elastic cargo net, 2 elastic toggle ties, 12 metal hooks, and a printed instruction card, all contained in a clear plastic blister pack. The Pack Rat™ is intended to secure a cooler and camping gear to a personal watercraft, ATV, or snowmobile.

According to instructions found on the printed display card, the initial step in using the Pack Rat™ is to secure the cooler to the vehicle by means of the lashing strap. Next, the hooks of the tie down are attached to the vehicle and the ratchet mechanism is worked back and forth to tighten the ratchet’s strapping. The camping gear can then be placed on top of the cooler and covered with the cargo net. Utilizing the hooks and toggle ties, the cargo net is secured to the cooler handles and lashing strap, thus securing the loose camping equipment.

In our opinion the various components of the Pack Rat™ comprise goods put up in sets for retail sale. As none of the individual components of which it is comprised impart the essential character to the set, the set is classifiable under the heading which occurs last in numerical order among those which equally merit consideration, in accordance with GRI 3(c). In this case the ratchet tie down is the article whose classification occurs last in numerical order.

Therefore, the applicable subheading for the Pack Rat™ will be 8479.89.9797, Harmonized Tariff Schedule of the United States (HTS), which provides for machines and mechanical appliances having individual functions, not specified or included elsewhere (in chapter 84): other machines and mechanical appliances: other: other: other: other. The rate of duty will be 2.5 percent ad valorem.

Please note that the cargo net (which is made of man-made textile material), as a product of China, falls within textile category 229 and, while not separately classifiable, is nevertheless subject to quota and visa requirements based on international textile trade agreements.

The designated textile category may be subdivided into parts. If so, quota and visa 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 document 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 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 Alan Horowitz at 212-637-7027.

Sincerely,

Robert B. Swierupski
Director,

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