CLA-2-87:S:N:N1:101-865853

8513.10.40000; 9103.10.20; 7009.92.1000; 5609.00.40000

Ms. Lori Aldinger
Rite Aid Corporation
P. O. Box 3165
Harrisburgh, PA 17105

RE: The tariff classification of a travel accessory kit from China, Hong Kong and Taiwan

Dear Ms. Aldinger:

In your letter dated July 31, 1991 you requested a tariff classification ruling. You have submitted a sample of the travel accessory kit which is composed of articles from China, Hong Kong and Taiwan. The origin of each article is indicated on the packaging. The travel accessory kit contains a memo clipboard with pad and pen, a tire gauge made of plastic, a five-in-one combination metal tool with a knife blade, a battery operated clip-on map light in a plastic housing, a digital clock in a plastic housing, a glass mirror in a textile housing that clips on to the automobile sun visor by means of elastic straps, a bungie cord with clips on both ends, and a magnetic key holder in a plastic housing.

Classification of products under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 3(b) provides for the classification of goods put up in sets for retail sale. The rule states in pertinent part:

(G)oods 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.

The Explanatory Notes, which constitute the official interpretation of the HTSUSA at the international level, state in Note X to Rule 3(b) that the term "goods put up in sets for retail sale" means 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.

This travel accessory kit meets criterion (a) and (c), but does not meet criterion (b). The items included in the kit are used for divergent purposes, such as maintenance and passenger comfort. Since the items in the kit are put together to carry out several different activities or to meet several different needs they do not satisfy criterion (b) in Explanatory Note X to Rule 3(b). The travel accessory kit is not considered to be a set, so we return to GRI 1 to classify each item of the kit separately.

The applicable subheading for the memo clipboard will be 8708.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other parts and accessories of motor vehicle bodies. The rate of duty will be 3.1 percent ad valorem. The applicable subheading for the tire gauge will be 9026.20.8000, HTS, which provides for other instruments and apparatus for measuring or checking pressure. The rate of duty will be 4.7 percent ad valorem.

The applicable subheading for the combination tool will be 8211.93.0030, HTS, which provides for knives having other than fixed blades; other knives which have folding blades. The rate of duty will be 3 cents each + 5.4 percent ad valorem.

The applicable subheading for the clip-on-light will be 8513.10.4000, HTS, which provides for other portable electric lamps designed to function by their own source of energy. The rate of duty will be 6.9 percent ad valorem.

The applicable subheading for the digital clock will be 9103.10.20, HTS, which provides for clocks with watch movements, excluding clocks of heading 9104: battery powered: with opto- electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case + 5.3 percent ad valorem on the battery.

The applicable subheading for the visor mirror will be 7009.92.1000, HTS, which provides for glass mirrors..., including rear-view mirrors: framed: not over 929 cubic cm in reflecting area. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for the bungie cord will be 5609.00.4000, HTS, 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 7.8 percent ad valorem.

The question of classification for magnetic key holders is presently being considered by the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. If you wish to obtain a ruling on that product, please submit your request with descriptive literature and a sample to that office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport