CLA-2 CO:R:C:G: 083828 BPM

Mr. Gary E. Crawford
A.N. Deringer, Inc.
P.O. Box 625
Jackman, Maine 04945-0559

RE: Emergency Kit

Dear Mr. Crawford:

By letter dated February 9, 1989, you requested a ruling on the appropriate tariff classification of the Securi-Kit, an emergency supply kit manufactured by Securi-Kit, Inc. of Quebec, Canada, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Your request has been forwarded to this office for a reply.


The Securi-Kit is a plastic-reinforced, zippered, vinyl bag with elastic straps containing a variety of tools, medical supplies, repair supplies, and other items for use in emergency situations. Printed on the outside of the bag is a picture of a truck, a car and a motorcycle, indicating that the items are to be marketed for use in motor vehicles for road emergencies.

The kit is comprised of the following items from the following countries:

1. One Emergency Blanket--Korea 2. One First Aid Booklet--Canada 3. One Flashlight--Singapore 4. One Candle--Canada 5. Three Two-Packs of Aspirin Tablets--U.S. 6. Three Alcohol Swab Packets--U.S. 7. Five Adhesive Bandages--Taiwan 8. Three Towelettes--Canada 9. One Sewing Needle--England 10. One Fifty-Yard Spool of Thread--U.S. 11. One 35 ml Bottle of De-Icing Fluid--Canada 12. One Roll of Gauze--Korea


13. One Box of Waterproof Matches--Australia 14. One Roll of Electrical Tape--Taiwan 15. One Roll of Brass Wire--Canada 16. One Screwdriver with Five Bits--Canada 17. Two Safety Pins--Hong Kong 18. One Pair of Long Nose Pliers--Canada 19. One 150-Milliliter Bottle of Gas Line Antifreeze--Canada 20. Two Small Plastic Bags--Korea 21. One Plastic-Reinforced, Zippered, Vinyl Bag with Elastic-- Unknown


What is the appropriate classification for a plastic- reinforced, zippered, vinyl bag with elastic straps containing a variety of tools, medical supplies, repair supplies, and other items for use in emergency situations?


The Securi-Kit is a collection of items intended for use in the event of a road emergency. It is designed for use as an accessory for cars, trucks, motorcycles or other motor vehicles. Subheading 8708.99.5090, HTSUSA, covers other parts and accessories of the motor vehicles of headings 8701 to 8705. The Securi-Kit is not, however, classifiable as an accessory of the motor vehicles of headings 8701 to 8705, since it does not facilitate use of such motor vehicles, does not widen the range or use of such motor vehicles, does not improve the operation of such motor vehicles, and is not identifiable as being intended solely or principally for use with such motor vehicles (for example, it could be used with motorcycles or boats).

The Securi-Kit does not meet the criteria for treatment as goods put up in a set for retail sale listed in Explanatory Note X to Rule 3(b). Specifically, the kit does not consist of products or articles put up together to meet a particular need or carry out a specific activity. Although the kit is designed to meet the need of remedying road emergencies, this type of need is not the type which is intended by the note.

In view of the foregoing, the individual items in the Securi-Kit must be classified separately.

In accordance with Article 301, Paragraph 3(a), United States-Canada Free Trade Agreement (CFTA), and General Note


3(c)(vii)(C)(1), HTSUSA, the component items of the Securi-Kit must have undergone more than simple packaging or combining operations within the territory of Canada, except as expressly provided by the rules of Annex 301.2 to Article 301 of the United States-Canada Free Trade Agreement (General Note 3(c)(vii)(H), HTSUSA) in order to be subject to duty under the CFTA. Assembly of the Securi-Kit in the territory of Canada is the type of simple combining operation contemplated by the CFTA Rules of Origin as being insufficient for duty treatment under the CFTA. Pursuant to Rule 3(a), the Securi-Kit does not originate in the territory of Canada, and is not subject to duty under the CFTA.

Your request for a ruling indicates that you intend to import a drug into the United States. The importation into the United States of food, beverages, drugs, devices, and cosmetics is governed by the provisions of the Federal Food, Drug, and Cosmetic Act, which is administered by the Food and Drug Administration (FDA) of the Department of Health and Human Services, Rockville, Maryland 20857. You may wish to contact the FDA to obtain information relevant to your importation of a drug.

The descriptions and labels of the gas line antifreeze and de-icing fluid do not indicate their contents. The importation into the United States of dangerous caustic or corrosive substances in packages suitable for household use and of hazardous substances is regulated by the Hazardous Substances Act; the Caustic Poison Act; the Food, Drug and Cosmetic Act; and the Consumer Product Safety Act. The marking, labelling, packaging, and transportation of hazardous materials, substances, wastes, and their containers is regulated by the Materials Transportation Bureau of the Department of Transportation (DOT), Washington, D.C. 20590. You may wish to contact the DOT and the Consumer Product Safety Commission, 5401 Westbard Avenue, Bethesda, Maryland 20207, to obtain relevant information.

Importations of petroleum and petroleum products are subject to the requirements of the Department of Energy (DOE). An import license is no longer required, but these importations may be subject to an oil import license fee collected and administered by the DOE. Inquiries should be directed to the Department of Energy, Washington, D.C. 20585.

The Toxic Substances Control Act, effective January 1, 1977, regulates the manufacturing, processing, distribution in commerce, use or disposal of any chemical substance or mixture that may present an unreasonable risk of injury to health or


environment. This includes importation of such substances into the United States. Importations will not be released from Customs custody unless proper certification of compliance with or exemption from the requirements of the Toxic Substances Control Act is presented to Customs.


The components of the Securi-Kit must be classified individually. Please submit the information listed in the enclosed leaflet entitled "District Rulings Program" with regard to each item in the Securi-Kit.


John Durant, Director
Commercial Rulings Division