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NY I85518




August 23, 2002

CLA-2-82:RR:NC:1:118 I85518

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 Outdoorsman 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 Outdoorsman, item #321043. It consists of the following components:

Knife - fixed blade
Saw - folding type
Shovel - with pick
Pouch - nylon fitted carrying case

The Outdoorsman is considered a set. There are at least two articles, which are prima facie classifiable in different headings. The products together perform the activity of digging/creating a space or hole and the items are put up in a manner suitable for sale. After consideration, it is the opinion of this office that the shovel imparts the essential character of the set.

The applicable subheading for the Outdoorsman will be 8201.10.0000, 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: spades and shovels, and parts thereof. The duty rate will be free.

The pouch is considered to be a container specially shaped or fitted to contain the contents of the Outdoorsman 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 was deemed inappropriate as the shovel is provided for and the essential character of this 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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