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NY F86724




May 30, 2000

CLA-2-85:RR:NC:1:104 F86724

CATEGORY: CLASSIFICATION

TARIFF NO.: 8508.80.0040

Mr. Jonathan P. Beck
Tower Group International
1099 Winterson Road, Suite 105
Linthicum, MD 21090

RE: The tariff classification of a cordless electric screwdriver set from China.

Dear Mr. Beck:

In your letter dated April 25, 2000 on behalf of Black and Decker Corporation of Towson, Maryland you requested a tariff classification ruling.

The set includes a cordless electric (3.6V) handheld screwdriver, one tool charger, multiple screwdriver bits and a nylon folding storage pouch imported in a retail level carton. The pouch (tool roll) has two grommets so that it can also be hung on a wall. Samples of the set components and a color print of the packaging have been provided. The samples will be returned.

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., use as a screwdriver). 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. We concur with your suggestion that the cordless electric screwdriver imparts the essential character to this set.

The applicable subheading for the cordless electric screwdriver set will be 8508.80.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical tools for working in the hand with self-contained electric motor: other tools. The rate of duty will be free.

The tool roll of nylon is of a kind classifiable in tariff number 4202.92.9026, HTS. Goods classifiable under 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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 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 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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