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NY K85017




April 26, 2004
CLA-2-84:RR:NC:1:104 K85017

CATEGORY: CLASSIFICATION

TARIFF NO.: 8467.19.5090

Ms. Saralee Antrim-Saizan
Carmichael International Service
533 Glendale Boulevard
Los Angeles, California 90026-5097

RE: The tariff classification of an air blow gun kit from China

Dear Ms. Antrim-Saizan:

In your letter dated March 16, 2004 on behalf of Alltrade, Inc. of Long Beach, California you requested a tariff classification ruling.

A sample has been provided of the Trades Pro 15 pc. Air Tool Accessory Kit, Model # 835048. This air blow gun kit includes a blow gun, three nozzles, two male and two female connectors, two universal adapters, two quick couplers, a dual tire chuck, tire gauge and wire brush. All of these items are packaged for retail on a hanging blister card. The blow gun (for blowing out tubes and pipes, and other air cleaning applications) will be used with a compressor. It is connected to the compressor’s hose utilizing the connectors, couplers and adapters in the kit. The sample will be returned per your request.

General Rule of Interpretation (GRI) 1, HTS, states in part that for legal purposes, classification shall be determined according to the terms of the headings and any relative section or chapter notes and, unless otherwise required, according to the remaining GRIs taken in order. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTS. GRI 3(a) states in part that when two or more headings each refer to part only of the items in a set put up for retail sale, those headings are to be regarded as equally specific, even if one heading gives a more precise description of the goods.

The air blow gun kit consists of at least two different articles that are, prima facie, classifiable in different headings. The kits consist of articles put up together to carry out a specific activity (i.e., air cleaning operations). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, the kits in question are within the term "goods put up in sets for retail sale." GRI 3(b) states in part that goods put up in sets for retail sale, which cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is the opinion of this office that the air blow gun imparts the essential character to this kit.

The applicable subheading for the Trades Pro 15 pc. Air Tool Accessory Kit will be 8467.19.5090, Harmonized Tariff Schedule of the United States (HTS), which provides for tools for working in the hand, pneumatic, hydraulic or with self-contained electric or nonelectric motor, and parts thereof: pneumatic: other. The rate of duty will be free.

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 Robert Losche at 646-733-3011.

Sincerely,

Robert B. Swierupski
Director,

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