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NY H85815




December 5, 2001

CLA-2-63:RR:NC:N3:315 H85815

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
1 Astor Plaza
1515 Broadway
New York NY 10036-8901

RE: The tariff classification of a sewing kit from China.

Dear Ms. Wierbicki:

In your letter dated November 28, 2001, you requested a ruling on behalf of Avon Products, Inc. on tariff classification.

The kit consists of a small metal scissors, a metal thimble, a metal thread guide (not included in the sample), pins, needles, a tape measure, two small cards each containing six metal snaps, and a 1” x 2” card containing a small amount of six different color sewing threads, said to be of man-made fibers. All of these are contained in a non-woven polypropylene-covered cardboard box, 5” tall and approximately 3¼” square. The lid incorporates a plush pincushion top. When the lid is removed, the four sides of the box collapse, being sewn only at the base. Each exposed inner surface contains one of the components under a length of elastic. There is a smaller inner box which also similarly collapses to reveal the balance of the components. The center core is a pincushion.

The sample will be returned as requested.

Explanatory Note X to GRI 3(b) defines “goods put up in sets for retail sale.” Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products put up together to meet a particular need or carry out a specific activity, and (c) are put up in a manner suitable for sale directly to users without repacking. It is the opinion of this office that the sewing kit in question satisfies all of these conditions, and it will be considered a set for classification purposes.

The essential character of the set must be determined in accordance with GRI 3(b). The cardboard box imparts the essential character of the sewing kit. None of the included components by itself imparts the essential character to the sewing kit. The box, however, is much more substantial then any individual component. It is the box which serves to organize and store all the other included components. For these reasons, we believe that the box imparts the essential character to the set.

The applicable subheading for the box and hence for the entire sewing kit will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up textile articles, other. The general rate of duty in 2001 and 2002 will be seven percent ad valorem. Although classified as part of the set, the sewing thread is subject to textile category numbers as if it were classified separately. Sewing thread of man-made fibers falls within textile category designation 200. Based upon international textile trade agreements, products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 351 at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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