CLA-2 CO:R:C:M 089411 DWS

Mr. Cary Weinberg
Leyden Customs Expediters, Inc.
99 Hudson Street
New York, NY 10013-2896

RE: Classification of a Combo Tie Down Pack

Dear Mr. Weinberg,

This is in response to your letter of March 13, 1991, written on behalf of Alltrade Inc., concerning the classification of two types of tie down instruments under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA).

FACTS:

The Combo Tie Down Pack consists of four tie downs used to secure various articles. Two tie downs employ nylon straps with metal locking buckles for fastening the strap and locking it into place. The buckles are spring operated. At either end of the strap is a vinyl covered "S" hook used for attaching the strap. The pack also contains two ratcheting nylon straps that also have "S" hooks on either end of the strap. Each of the ratcheting straps are themselves two piece units consisting of a shorter strap with an "S" hook and a ratcheting action lock mechanism for locking the strap in place. The second and longer piece consists of a nylon strap and an "S" hook on one end. In use, the longer strap is inserted through the ratchet action mechanism and pulled through to the desired position. The ratchet mechanism is then used to securely tighten the strap at its optimum, non-slipping position.

ISSUE:

What is the classification of the Combo Tie Down Pack, under the HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI's), taken in order. GRI 1 provides that classification is determined according to the terms of the headings and any relative section or chapter notes.

Unlike the buckle, the ratchet tie down contains a gear and pawl mechanism. Because of this mechanism, the ratchet is able to tighten the strap and prevent it from loosening. Therefore the ratchet mechanism provides a mechanical advantage to the ratchet tie down.

Since the ratchet tie down possesses such an advantage, it is classifiable under Heading 8479, HTSUSA. Note (7) to Chapter 84 states that "A machine the principal purpose of which is not described in any heading or for which no one purpose is the principal purpose is, unless the context otherwise requires, to be classified in heading 8479." The ratchet tie down is such a mechanical appliance and is classifiable under subheading 8479.89.90, HTSUSA, which provides for "machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other: other: other."

The broker for the importer suggests that the ratchet tie down should be classified under subheading 7326.90.90, HTSUSA, which provides for "other articles of iron or steel: other: other: other." Although in the past, similar tie downs have been ruled to be classifiable under this subheading, it is now our position that Heading 8479 is more specific and should govern the classification of ratchet tie downs. GRI 3(a) provides that "The heading which provides the most specific description shall be preferred to headings providing a more general description."

The spring operated buckle is unlike the ratchet in that it lacks a mechanism to justify its classification as a mechanical appliance. The tie down is tightened merely by applying pressure to the buckle and pulling the textile strap through. By releasing pressure to the buckle, it clamps the strip to prevent it from slipping. The buckle in this instance is dissimilar to the ratchet in that it is not a device unto itself, thereby lacking any mechanical advantage.

Because the spring operated tie down possesses no mechanical advantage, it cannot be classifiable under Heading 8479. However, since the tie down consists of metal and textile materials, it may be classified under two separate headings and GRI 3 applies. GRI 3 states the following:

3(a). The heading which provides the most specific description shall be preferred to headings providing a more general description. However, when two or more headings each refer to part only of the materials or substances contained in mixed or composite goods or to part only of the item in a set put up for retail sale, those headings

are to be regarded as equally specific in relation to those goods, even if one of them gives a more complete or precise description of the goods.

3(b). Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.

3(c). When goods cannot be classified by reference to 3(a) or 3(b), they shall be classified under the heading which occurs last in numerical order among those which equally merit consideration

Since it is the textile strap and not the buckle that "ties down" cargo, equipment, etc., under GRI 3(b), it is our opinion that the textile strap represents the essential character of the spring operated tie down. Thus, classification for that article is under subheading 6307.90.95, HTSUSA, which provides for other made up (textile) articles.

The final question to be answered is whether the two types of tie downs create a "set". The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUSA. 54 Fed. Reg. 35127, 35128 (August 23, 1989). Explanatory Note (X) (p.4) to GRI 3(b) states the following:

For the purpose of this Rule, the term "goods put up in sets for retail sale" shall be taken to mean goods which:

(a). consist of at least two different articles which are prima facie, classifiable in different headings;

(b). consist of products or articles 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 two types of tie downs, taken together, do compromise a set in that they are prima facie classifiable in different headings, yet put up together for a specific activity and packaged together for retail sale.

Because neither the ratchet tie down nor the spring operated tie down comprise the essential character of the tie down set, GRI 3(c) applies. According to GRI 3(c), the Combo Tie Down Pack

is classifiable under subheading 8479.89.90, HTSUSA, because the ratchet tie down is classifiable in the heading which occurs

last in numerical order among those which equally merit consideration.

HOLDING:

The Combo Tie Down Pack is classifiable under subheading 8479.89.90, which provides for "machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter: other: other: other." The general, column one rate of duty is 3.7 percent ad valorem.

Sincerely,

John Durant, Director
Commercial Rulings Division