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NY N008721




April 9, 2007

CLA-2-30:RR:NC:2:238

CATEGORY: CLASSIFICATION

TARIFF NO.: 3005.10.5000; 3402.12.1000; 3004.90.9145; 8513.10.2000; 3926.90.9925; 3926.90.9980; 8205.40.0000; 8413.20.0000; 8536.10.0040; 5609.00.4000; 4911.99.8000; 3605.00.0030; 3406.00.0000

Mr. Stephen W. Marlow
FedEx Trade Networks Transport & Brokerage, Inc. 205 West Service Road
Champlain, NY 12919

RE: The tariff classification of a Large Road Hazard Kit

Dear Mr. Marlow:

In your letter dated March 8, 2007, on behalf of your client, First Aid Central, you requested a tariff classification ruling.

The submitted sample, described as a “Large Road Hazard Kit,” contains the following items: 2 knuckle adhesive dressings; 2 fingertip adhesive dressings; 2 gauze pads; 6 benzalkonium chloride antiseptic towelettes; 3 insect sting relief swabs; 1 crank flashlight; 1 reflective triangle; 1 flasher (circular reflector); 1 traffic vest; 1 lightstick; 1 multi-bit screwdriver; 1 syphon pump (siphon hose & pump); 1 automobile fuse kit; 2 bungee cords; 1 adult poncho; 1plastic S.O.S. flag; 1 box of wind-and-waterproof matches; 1 pair of work gloves; 1 sheet foam; 2 wax candles (stated to be of Canadian origin); and 1 emergency/survival blanket (Item No. 21818). You indicate in your letter that all the items will be put up in a nylon carrying case or a plastic box - neither of which was submitted with the individual components.

Pursuant to Headquarters Ruling Letter 950678, dated December 30, 1991, it is our determination that the items comprising the subject kit are to be classified under their respective headings.

The applicable subheading for the knuckle and fingertip adhesive dressings will be 3005.10.5000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices) put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Adhesive dressings and other articles having an adhesive layer: Other.” The rate of duty will be free.

The applicable subheading for the gauze pads will be 3005.90.5090, HTSUS, which provides for “Wadding, gauze, bandages and similar articles (for example, dressings, adhesive plasters, poultices) put up in forms or packings for retail sale for medical, surgical, dental or veterinary purposes: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the benzalkonium chloride towelettes will be 3402.12.1000, HTSUS, which provides for “Organic surface-active agents, whether or not put up for retail sale: Cationic: Aromatic or modified aromatic.” The rate of duty will be 4 percent ad valorem.

The applicable subheading for the insect sting relief swabs will be 3004.90.9145, HTSUS, which provides for “Medicaments consisting of mixed or unmixed products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale: Other: Other: Other: Dermatological agents and local anesthetics.” The rate of duty will be free.

The applicable subheading for the crank flashlight will be 8513.10.2000, HTSUS, which provides for “Lamps: Flashlights.” The rate of duty will be 12.5 percent ad valorem.

The applicable subheading for the reflective triangle will be 3926.90.9825, HTSUS, which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Reflective triangular warning signs for road use.” The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the Flasher (circular reflector) will be 3926.90.9880, HTSUS, which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Other: Other: Other.” The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the multi-bit screwdriver will be 8205.40.0000, HTSUS, which provides for “Screwdrivers, and parts thereof.” The rate of duty will be 6.2 percent ad valorem.

The applicable rate of duty for the syphon pump (siphon hose and pump) will be 8413.20.0000, HTSUS, which provides for “Pumps for liquids, whether or not fitted with a measuring device; liquid elevators; parts thereof: Hand pumps, other than those of subheading 8413.11 or 8413.19.” The rate of duty will be free.

The applicable subheading for the set of fuses (automobile fuse kit) will be 8536.10.0040, HTSUS, which provides for “Fuses: Other.” The rate of duty will be 2.7 percent ad valorem.

The applicable rate of duty for the bungee cords will be 5609.00.4000, HTSUS, which provides for “Articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Other.” The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the S.O.S. flag will be 4911.99.8000, HTSUS, which provides for “Other printed matter, including printed pictures and photographs: Other: Other: Other: Other.” The rate of duty will be free.

The applicable subheading for the wind-and-waterproof matches will be 3605.00.0030, HTSUS, which provides for “Matches, other than pyrotechnic articles of heading 3604: Matches with natural wood stems.” The rate of duty will be free.

The applicable subheading for the wax candles (stated to be of Canadian origin) will be 3406.00.0000, HTSUS, which provides for “Candles, tapers and the like.” The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

With respect to the traffic vest, we require the name and percent by weight of each fiber making up the vest. When this information is available, you may wish to resubmit your request, along with a sample, to National Import Specialist Kenneth Reidlinger, at 646-733-3053.

With respect to the lightstick, we require the chemical name, CAS number, and percent by weight of each ingredient making up the lightstick before a ruling can be issued. When this information is available, you may wish to resubmit your request, along with a sample, to National Import Specialist Richard Dunkel, at 646-733-3032.

With respect to the adult poncho, we require the chemical identity of the polymer(s) that the poncho is composed of. When this information is available, you may wish to resubmit your request, along with a sample and the value per unit, to National Import Specialist Kenneth Reidlinger, at 646-733-3053.

With respect to the pair of work gloves, we require the weight of the rubber/plastic dots vs. the weight of the textile portion of the palm side only, from the fingertips to the wrist. When this information is available, you may wish to resubmit your request, along with a sample, to National Import Specialist Deborah Marinucci, at 646-733-3054.

With respect to the sheet foam, we require the fiber content and the type (i.e., staple, filament, or both staple and filament) of fibers making up the item. When this information is available, you may wish to resubmit your request, along with a sample, to National Import Specialist Deborah Walsh, at 646-733-3044.

With respect to the emergency/survival blanket (Item No. 21818), we require the chemical identity of the polymer(s) that it is composed of. When this information is available, you may wish to resubmit your request, along with a sample, to National Import Specialist Joan Mazzola, at 646-733-3023.

With respect to the nylon carrying case, a sample must be submitted before a ruling can be issued. The sample should be submitted with your ruling request to National Import Specialist Vikki Lazaro, at 646-733-3041.

With respect to the plastic box, a sample must also be submitted before a ruling can be issued. The sample should be submitted with your ruling request to National Import Specialist Joan Mazzola, at 646-733-3023.

The submitted sample is being returned as requested.

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 Harvey Kuperstein at 646-733-3033.

Sincerely,

Robert B. Swierupski

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