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NY I85515




August 23, 2002

CLA-2-82:RR:NC:1:118 I85515

CATEGORY: CLASSIFICATION

TARIFF NO.: 8201.40.6000; 8513.10.2000; 8202.10.0000; 8211.93.0060; 8201.10.0000

Ms. Donna M. Mullins
ATE Logistics Company (Georgia)
510 Plaza Drive, Suite 2290
Atlanta, GA 30349

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

Dear Ms. Mullins:

In your letter dated August 14, 2002, you requested a tariff classification ruling.

You have depicted and described your product as the Expedition Kit, item #321047. It consists of the following components:

Hatchet
Flashlight
Saw - folding type
Shovel
Multi tool – containing a folding knife blade Pouch - nylon fitted carrying case

The applicable subheading for the hatchet will be 8201.40.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: axes, bill hooks and similar hewing tools, and parts thereof: other. The duty rate will be 6.2% ad valorem.

The applicable subheading for the flashlight will be 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source of energy (for example, dry batteries, storage batteries, magnetos), other than lighting equipment of heading 8512; parts thereof: lamps: flashlights. The rate of duty will be 12.5% ad valorem.

The applicable subheading for the saw will be 8202.10.0000, HTS, which provides for handsaws, and metal parts thereof; blades for saws of all kinds (including slitting, slotting or toothless saw blades), and base metal parts thereof: handsaws, and parts (except blades) thereof. The rate of duty will be free.

The applicable subheading for the shovel will be 8201.10.0000, HTS, which provides for handtools of the following kinds and base metal parts thereof: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry: spades and shovels, and parts thereof. The duty rate will be free.

The applicable subheading for the multi tool will be 8211.93.0060, HTS, which provides for knives with cutting blades, serrated or not, other than knives of heading 8208, and blades thereof: knives having other than fixed blades: other. The duty rate will be 3 cents each + 5.4% ad valorem.

The pouch is considered to be a container specially shaped or fitted to contain the contents of the Expedition Kit and is to be entered with the articles for which they are intended. Consequently, when this specially fitted case is entered with the items for which they are intended they meet the requirements of GRI 5(a) and should be classified with the kits.

Consideration was given to classifying your product in subheading 8201.30.0000, HTS, as you have suggested. However, that classification (in part) was deemed inappropriate as the Expedition Kit is not considered a set.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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