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NY H87481




January 25, 2002

CLA-2-63:RR:NC:N3:351 H87481

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Lisa Zwaga
Purchase Analyst
LaCrosse Rainfair Safety Products Div.
3600 South Memorial Drive
Racine, WI 53403

RE: The tariff classification of rainwear repair kit.

Dear Ms. Zwaga:

In your letter dated January 15, 2002, you requested a ruling on tariff classification.

You submitted a partial sample of the item in question, Rainwear Repair Kit CP-01-73. The specification sheet lists the contents as follows:

½-oz. tube of sealant (ethylacetate)
½-oz. bottle of accelerant (toluene) packets of talc
(1) 1’ piece of repair tape (polyester knit with synthetic resins) 3” circular patches (190t nylon) with ethylacetate adhesive plastic box, 7.25” x 3.38” x 1.75”.

The sample included only a single patch and a 3’ length of the tape in the box. No country of origin was specified for the kit or any components. We note that the box we have received is not the same as pictured on the spec sheet.

Classification of goods under the Harmonized Tariff Schedule of the United States (HTS), is governed by the General Rules of Interpretation (GRI), taken in order. GRI 3(b) provides for goods put up in sets for retail sale. The Explanatory Notes to GRI 3(b) state that goods put up in sets for retail sale means goods which:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of products or articles put together to meet a particular need or carry out a specific activity; and are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

The merchandise at issue consists of at least two different articles that are, prima facie, classifiable in different headings, and it is put up in a manner suitable for sale directly to users. In addition, all of the components contribute to the single “activity” of repairing rainwear. Since the merchandise at issue meets this three-part test so as to constitute a set, the item that imparts the essential character of the set must be determined to allow for the proper classification.

These are the principal components of the set that were given primary consideration in attempting to determine the essential character of the kit, and their respective HTS headings: the sealant, 3506; the tape, 5903; the patches, 6307; and the plastic box, 3924. No one item in the kit can be said to impart the essential character. Under GRI 3(c) goods that cannot be classified by reference to GRI 3(b) shall be classified under the heading which occurs last in numerical order among those which equally merit consideration. That heading is 6307, HTS.

The applicable subheading for this product will be 6307.90.9889, HTS, which provides for other made-up textile articles, other. The general rate of duty will be seven percent ad valorem.

We note that the plastic box is marked “Made in USA.” A set that includes one or more components of foreign origin, as is this case, cannot be considered a product of the United States. While we cannot rule on the correct country of origin since you have not given us any specific information, the “Made in USA” could be construed as misleading.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Section 134.46, Customs Regulations (19 CFR 134.46), deals with cases in which the words “United States,” or “American,” the letters “U.S.A.,” any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, and those words, letters or names may mislead or deceive the ultimate purchaser as to the actual country of origin. In such a case, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by “Made in,” “Product of,” or other words of similar meaning.

In order to satisfy the close proximity requirement, the country of origin marking must generally appear on the same side(s) or surface(s) in which the name or locality other than the actual country of origin appears.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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