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NY F88173




July 27, 2000

CLA-2-84:RR:NC:1:104 F88173

CATEGORY: CLASSIFICATION

TARIFF NO.: 8466.10.8075

Mr. Robert C. Thompson
W.J. Byrnes & Co. of Los Angeles, Inc.
P.O. Box 90595
Los Angeles, CA 90009

RE: The tariff classification of a squeeze-action wrench set from China

Dear Mr. Byrnes:

In your letter dated June 21, 2000 on behalf of TeleBrands, Inc. of Fairfield, New Jersey you requested a tariff classification ruling.

The Zip Wrench squeeze action-wrench, sample submitted, comes with 6 metric heads, 6 standard heads, 12 screwdriver and allen heads, 1 ratchet adapter and 2 ratchet heads, all in a molded plastic case in typical retail packaging. The sample is being retained by this office.

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., to tighten and loosen fasteners). 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. Noting HQ ruling 084551 of August 9, 1989, the ratchet handle imparts the essential character to the tool kit.

The applicable subheading for the Zip Wrench Set 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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