CLA-2 CO:R:C:M 950678 DWS

Mr. Tom Johnson
Intertrans Corporation
357-103 Flaugherty Run Road
Building B
Coraopolis, PA 15108

RE: "Emergency Road Pack"; GRI 3(b); EN 3(b)(X); HQ 950332

Dear Mr. Johnson:

This is in response to your letter of August 30, 1991, on behalf of Three Rivers Trading Company, concerning the classification of the "Emergency Road Pack" under the Harmonized Tariff Schedule of the United States (HTSUS).

FACTS:

The subject "Emergency Road Pack" consists of a red plastic cloth, a jumper cable (150 amps), a first aid kit containing cotton swabs and balls, band-aids, bandages, a premoist towelette, a plastic poncho, a safety-light stick, a flashlight that plugs into a vehicle's cigarette lighter, a vinyl carrying case, and a plastic sign, with suction cups, that reads "Call Police". All of the above noted articles can be placed in the vinyl carrying case. The case is designed for storage in the trunk of an automobile.

ISSUE:

Is the "Emergency Road Pack" a "set", classifiable as an auto accessory under heading 8708, HTSUS, or are the articles contained within the pack to be classified under their respective headings?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUS 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.

GRI 3 must be considered in the classification of merchandise put up in sets for retail sale. GRI 3(b) provides that:

[m]ixtures, 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.

In understanding the language of GRI 3(b), the Harmonized Commodity Description and Coding System Explanatory Notes may be utilized. The Explanatory Notes, although not dispositive, are to be used to determine the proper interpretation of the HTSUS. Explanatory Note 3(b)(X) (p. 4),HTSUS, provides that "[f]or 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 (e.g., in boxes or cases or on boards)."

The "Emergency Road Pack" does not meet the criteria for treatment as a set under GRI 3 analysis. The articles in the pack "consist of at least two different articles which are, prima facie, classifiable in different headings" and the pack is "put up in a manner suitable for sale directly to users without repacking." However, the pack does not "consist of products or articles put up together to meet a particular need or carry out a specific activity." The "Emergency Road Pack" contains several articles that do not meet a particular need or carry out a specific activity. Also, many of these articles can be used outside of an automobile, such the plastic cloth, the plastic poncho, and the first aid kit.

The "Emergency Road Pack" does not meet the criteria for treatment as a set under GRI 3 analysis. Under GRI 1, all of the articles contained within the pack must be classified separately under their respective headings in the HTSUS.

HOLDING:

The articles contained within the "Emergency Road Pack" should be classified individually. The classification of any of these articles on an individual basis does not seem to present any unusual difficulties. However, if you are unsure of the classification of a particular article, you should use the District Rulings procedure as usual.

Sincerely,

John Durant, Director
Commercial Rulings Division