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NY H81656




May 25, 2001

CLA-2-95:RR:NC:2:224 H81656

CATEGORY: CLASSIFICATION

TARIFF NO.: 9507.90.8000

Gilda Jennings
Kmart Corporation
Resource Center
3100 West Big Beaver Rd.
Troy, MI 48084-3163

RE: The tariff classification of the Lobster Kit from China.

Dear Ms. Jennings:

In your letter dated May 8, 2001, you requested a ruling on tariff classification.

You are requesting the tariff classification on an item that is described as the Lobster Kit, code number 85-21-14. The kit includes a fiberglass tickle sticker used to tickle lobsters, an aluminum lobster net, a polypropylene carry bag, an acrylic gauge to measure the lobster and a pair of gloves for handling the lobsters. The gloves are constructed of a cotton/polyester fabric coated with polyvinyl chloride dots on the backside of the gloves. The Lobster Kit is sold as a set at the retail level, and it is put up as a set for one purpose: to catch lobsters. You are not requesting the return of your samples, at this time.

The Lobster Kit is considered a GRI (General Rules of Interpretation) 3 (b) set with the essential character being imparted by the lobster net. The entire Lobster Kit will be classified as if it consisted only of the lobster net, in chapter 95, HTS classification number: 9507.90.8000.

The applicable subheading for this product, the Lobster Kit, will be 9507.90.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Fishing rods, fish hooks and other line fishing tackle; fish landing nets, butterfly nets and similar netsparts and accessories thereof: Other: Other, including parts and accessories.” The general 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.).

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 Tom McKenna at 212-637-7015.

Sincerely,

Robert B. Swierupski
Director,

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