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
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--
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?
LAW AND ANALYSIS:
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