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NY L80670




November 19, 2004

CLA-2-84:RR:NC:1:104 L80670

CATEGORY: CLASSIFICATION

TARIFF NO.: 8422.40.9140

Mr. Heidar Nuristani
Central Purchasing, LLC.
3491 Mission Oaks Blvd.
Camarillo, CA 93012

RE: The tariff classification of a strapping tool set from China

Dear Mr. Nuristani:

In your letter dated October 26, 2004 you requested a tariff classification ruling.

The strapping tool set, item number 42661, is a device used to close and seal boxes, cartons and similar containers. It consists of two items, a strapping tool and a crimping tool, both packed in one carton and sold together. The strapping tool has a pawl mechanism. The set does not include the strapping tape or the crimps. The cast aluminum and steel strapping tool measures 3 3/8” W x 12 ½” L x 6 ¾” H and weighs 5.7 lbs. The crimping tool, steel with oxide coated jaws, is 15 ¼” L.

You have provided the assembly and operating instructions in addition to directing us to the product on your website. The strapping tool is placed on top of the box or package. It has a pawl mechanism to tighten the strapping. Once the strapping is tightened to a snug fit, the crimping tool handles are squeezed together to secure the strapping with a crimp tab. After crimping, the tape is cut by inserting the tape into the knife of the strapping tool and pushing the knife handle forward and down to cut and release the tape.

General Rule of Interpretation (GRI) 1, HTSUSA, 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. Goods that are, prima facie, classifiable under two or more headings, are classifiable in accordance with GRI 3, HTSUSA. 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 strapping tool set, item number 42661, consists of at least two different articles that are, prima facie, classifiable in different headings. It consists of articles put up together to carry out a specific activity (i.e., closing and sealing packages). Finally, the articles are put up in a manner suitable for sale directly to users without repacking. Therefore, these items 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 3(a), are to be classified as if they consisted of the component which gives them their essential character. It is our opinion that the strapping tool imparts the essential character.

The applicable subheading for the strapping tool set, item number 42661, will be 8422.40.9140, Harmonized Tariff Schedule of the United States (HTS), which provides for other packing or wrapping machinery: 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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