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NY H89165




March 20, 2002

CLA-2-56:RR:NC:N3:351 H89165

CATEGORY: CLASSIFICATION

TARIFF NO.: 5607.50.4000

Janet L. Telles
Global Compliance Manager
Smith International Enterprises, Ltd.
20600 Chagrin Blvd., Suite 200
Shaker Heights, Ohio 44122

RE: The tariff classification of a handbag kit from Hong Kong.

Dear Ms. Telles:

In your letter dated March 12, 2002, you requested a tariff classification ruling.

You submitted a sample of the kit. It consists of 150 yards of nylon cord, two plastic handles and two bamboo handles, a plastic button, and printed instructions. All of these are contained in a clear PVC bag with a zipper closure and a handle. The cord is to be crocheted by the retail purchaser into a handbag.

You state that the nylon cord weighs 5.4oz. per 150yd. hank. We have not verified the weight of the cord through laboratory testing. However, simple desk testing has shown your figures to be correct to the extent the decitex works out to be over 10,000; this makes it cord, as opposed to yarn. We shall thus assume that your stated weight is correct. Upon importation, however, if the weight of the cord is found by laboratory testing or other means to be different from that stated in this ruling, then this ruling does not apply.

The handbag kit is a single retail package containing components that are classifiable under at least five separate headings of the Harmonized Tariff Schedule of the United States (HTS). General Rule of Interpretation (GRI) 3 applies when goods are put up for sale collectively but are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale.

The Explanatory Notes for GRI 3(b) define “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.

GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material component which gives them their essential character.” The handbag kit is considered to be a set as provided by the Explanatory Notes to GRI 3(b), and the essential character is imparted by the nylon cord.

The applicable subheading for the handbag kit will be 5607.50.4000, HTS, which provides for twine, cordage, ropes and cables...of other synthetic fibers, other. The rate of duty will be 4.3 percent ad valorem.

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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