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NY K85806




June 3, 2004
CLA-2-90:RR:NC:MM:114 K85806

CATEGORY: CLASSIFICATION

TARIFF NO.: 9005.10.0080; 9014.10.9000; 8513.10.2000; 8211.93.0030; 4202.92.3031

Ms. Ronna Martfeld
Classification Specialist
Wal*Mart Stores, Inc.
601 N. Walton,
Bentonville, AR 72716-0410

RE: The tariff classification of the Outdoor Trekking Set made in China

Dear Ms. Martfeld:

In your letter dated April 30, 2004, you requested a tariff classification ruling on the Outdoor Trekking Set made in China. A sample of the Outdoor Trekking Set was submitted with the ruling request.

The submitted item number WM-9205 is identified in your letter as the Outdoor Trekking Set. The submitted Outdoor Trekking Set consists of binoculars, a flashlight with a key ring, a compass with a knife and opener, a tool with a fork, spoon, can opener and knife, and a nylon carrying pouch. The binoculars feature 4 x 30 power magnification, adjustable focus and a textile neck cord. The aluminum flashlight measures approximately 3 3/4 inches in length, with a key ring affixed to the lower portion of the lamp. The direction finding compass with a knife and opener that pull out from the side and a belt hook at the top is not electrical. The survival tool is made of stainless steel with a fork and spoon that detach, and a can opener and knife that pull out from the side. The nylon carrying pouch is designed to be worn on the belt. The articles are packaged together in a cardboard display box ready for retail sale. For tariff classification purposes the binoculars, flashlight with key ring, compass with knife and opener, survival tool with fork, spoon, can opener and knife, and nylon carrying pouch are not considered to be a set and will be classified accordingly.

The Outdoor Trekking Set is a single retail package containing articles that are classifiable under more than two separate headings or subheadings of the tariff. The Explanatory Notes represent the official interpretation of the Harmonized Tariff Schedule of the United States Annotated (HTS) at the international level. GRI 3 applies when goods are put up for sale collectively and are classifiable under two or more headings of the tariff. GRI 3(b) covers goods put up in sets for retail sale. Explanatory Note X to GRI 3(b) defines “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. The submitted articles in the Outdoor Trekking Set fail, in our opinion, to constitute a set for tariff classification purposes. They meet the criteria of elements (a) and (c) above. The articles in the Outdoor Trekking Set do not consist of products put up together to meet a particular need or carry out a common specific activity. Having failed as a set in accordance with GRI 3(b), the articles in the Outdoor Trekking Set must be classified separately.

Your sample is being returned as requested.

The applicable subheading for the binoculars will be 9005.10.0080, HTS, which provides for binoculars, monoculars, other optical telescopes, and mountings therefor; binoculars; other. The rate of duty will be free.

The applicable subheading for the compass with a knife and opener will be 9014.10.9000, HTS, which provides for direction finding compasses which are not optical, gyroscopic, or electrical. The general rate of duty will be 2.9 percent ad valorem.

The applicable subheading for the flashlight with a key ring will be 8513.10.2000, HTS, which provides for portable electric lamps designed to function by their own source of energy; lamps; flashlights. The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the survival tool with a fork, spoon, can opener and knife will be 8211.93.0030, HTS, which provides for knives having other than fixed blades; pen knives, pocket knives and other knives which have folding blades. The general rate of duty will be 3 cents each plus 5.4 percent ad valorem.

The applicable subheading for the nylon carrying pouch will be 4202.92.3031, HTS, which provides for travel, sports and similar bags; with outer surface of textile materials; other; of man-made fibers; other. The rate of duty will be 17.6 percent ad valorem.

Articles classifiable in subheading 4202.92, HTS, fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. Category 670 is not currently subject to visa and quota from China.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Barbara Kiefer at 646-733-3019.

Sincerely,

Robert B. Swierupski
Director,

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