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NY F86123




May 5, 2000

CLA-2-84:RR:NC:1:104 F86123

CATEGORY: CLASSIFICATION

TARIFF NO.: 8466.10.8075

Mr. Joe Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

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

Dear Mr. Hoffacker:

In your letter dated April 19, 2000 on behalf of Consolidated Stores of Columbus, Ohio you requested a tariff classification ruling.

The bicycle repair tool kit (Item # HG-331, sample submitted) consists of 27 items in a fitted plastic case shaped like a water bottle, blister packed. The kit includes seven wrenches (1 adjustable, 3 allen, 2 tire tools and 1 spoke tool), three sockets, six screwdriver bits, one tool holder, one roughing disk (perforated metal disk, rough on one side), five tire patches, one tube of glue and two plastic caps. Only the sockets and screw driver bits are used with the holder. The screwdriver bits are packaged in the cap of the bottle. The tire patches, glue, plastic caps and roughing disk are kept in a rectangular plastic container which fits within the water bottle shaped outer container.

General Rule of Interpretation (GRI) 1, HTSUSA, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUSA. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The instant tool kit consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., bicycle repair). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kit in question is within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to 3(a), are to be classified as if they consisted of the component which gives them their essential character.

Inasmuch as no essential character can be determined, GRI 3(b) does not apply. GRI 3(c) says that, if neither GRI 3(a) nor GRI 3(b) applies, merchandise shall be classified in the heading which occurs last in numerical order among those equally meriting consideration.

The applicable subheading for the bicycle repair tool kit (Item # HG-331) will be 8466.10.8075, Harmonized Tariff Schedule of the United States (HTS), which provides for tool holders for any type of tool for working in the hand. The rate of duty will be 3.9 percent.

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 Robert Losche at 212-637-7038.

Sincerely,

Robert B. Swierupski
Director,

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