CLA-2-95:RR:NC:2:224 C87425

3924.10.5000; 9603.90.8050;

Tammy Locke
Wholesale Supply Company, Inc.
International Dept.
7100 Merchandise Drive
Brentwood TN 37207

RE: The tariff classification of billiard equipment from China.

Dear Ms. Locke:

In your letter dated April 27, 1998, you requested a tariff classification ruling.

The merchandise is identified as item #269H - 4 Players Combo Set. The collection consists of billiard accessories including four 2-pc cue sticks, one set of 2-1/4 pool balls, one 9 inch table cover, one set tally balls, a wood triangle, one aluminum bridge, six pieces of billiard chalk, one plastic bottle for powder, one nine inch brush and one billiard book. The sample accessories will be returned at your request.

It is your position that the subject item #269H - 4 Players Combo Set should be classified as a set in subheading 9504.20.8000, Harmonized Tariff Schedule of the United States (HTS), the provision for other articles, parts and accessories for billiards, including pocket billiards.

The General Rules of Interpretation (GRI) provide the legally binding rules of classification under the HTS. GRI 1 provides that classification is determined first according to the terms of the headings of the tariff and any relative section or chapter notes, and then, if necessary, according to the remaining GRIs, taken in order.

The sample item consists of a number of articles, like cue sticks, balls, chalk and bridge, that are used in the actual play of billiards, along with a bottle, a brush and a book. Heading 9504, HTS, provides for articles for billiards. Heading 9603, HTS, provides for brushes. Heading 3924, HTS, provides for the plastic bottle. Although there is no sample of it, the "billiard book" is probably classifiable in Heading 4903. Therefore, contained in a single retail package are several items that are classifiable under four separate headings. GRI 3 applies when goods are classifiable under two or more headings; GRI 3(b) covers goods put up in sets for retail sale.

The first issue to be considered under GRI 3(b) is whether the items are put up in a set for retail sale as you contend. The Explanatory Notes, which represent the official interpretation of the HTS at the international level, for GRI 3(b) define "goods put up in sets for retail sale." Such goods: (a) consist of at least two different articles that are classifiable in different headings, (b) consist of products 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 pool equipment used to play the game and the book, bottle and cleaning brush, all packaged together, fail to constitute a set. These items may meet elements (a) and (c) above but, when put together, do not meet one particular need or carry out a specific activity. Whereas the cues, balls, metal bridge, wood triangle and the chalk compose the instruments actually used in the play of the game or support the efficacy of the instruments, the bottle, the brush and the book meet a different need of storage, cleaning and instruction.

Having failed as a set for tariff purposes, the goods must be classified separately under GRI 1. Therefore, the billiard equipment used in the play of the game including the pool cues, the wood rack, and the pool table cover, as well as the tally ball set and the bridge hand should be entered under subheading 9504.20.8000, HTS which provides for articles for arcade, table or parlor games, including pinball machines, bagatelle, billiards...: articles, parts and accessories for billiards, including pocket billiards: other, including parts and accessories. The rate of duty is free.

The applicable subheading for the 2-1/2 inch pool balls will be 9504.20.2000, HTS, which provides for articles, parts and accessories for billiards, balls. The rate of duty for this merchandise is free.

The subheading for the pool cue chalk will be 9504.20.4000, HTS, which provides for articles, parts and accessories for billiards, chalk. The rate of duty is free.

The applicable subheading for the plastic bottle will be 3924.10.5000, HTS, which provides for other tableware, kitchenware, other household articles...of plastics. The rate of duty will be 3.4 percent ad valorem. The applicable subheading for the brush will be 9603, Harmonized Tariff Schedule of the United States (HTS), which provides for brooms, brushes: other: other. The duty rate will be 3.4 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Tom McKenna at 212-466-5475.

Sincerely,


Robert B. Swierupski
Director,
National Commodity
Specialist Division