HQ 954815

January 31, 1994

CLA-2 CO:R:C:T 954815 BC

CATEGORY: Classification

TARIFF NO.: 4417.00.8090; 5508.10.0000; 5601.21.0090;

6805.20.0000; 7319.10.0000; 7319.20.0050; 9606.21.6000

Sandra B. Peveler

New World Imports, Inc.

1710 Hayes Street

Nashville, Tennessee 37203

RE: Classification of a Personal Care Amenities kit containing a

manicure stick, emery board, plastic cotton swabs with cotton

balls, and a sewing kit containing thread, needle, buttons and

safety pin; travel set; 9605, HTSUSA; sets put up for retail

sale; GRI 3(b)

Dear Ms. Peveler:

This responds to your letters of July 28 and December 7,

1993, concerning the classification of a Personal Care Amenities

kit. We have reviewed the matter and our response follows.

FACTS:

The Personal Care Amenities kit is comprised of several

components contained in a small cardboard box. The components

are as follows: (1) a manicure stick, (2) emery board; (3) two

plastic cotton swabs with cotton balls contained in a cellophane

wrapper, and (4) a sewing kit in a cellophane wrapper containing

several different colored threads, a sewing needle, two buttons,

and a safety pin.

ISSUE:

Is the Personal Care Amenities kit classifiable as a travel

set under heading 9605, Harmonized Tariff Schedule of the United

States Annotated (HTSUSA), a set under General Rule of

Interpretation 3(b), or should the contents of the kit be

classified individually?

LAW AND ANALYSIS:

Classification under the Harmonized Tariff Schedule of the

United States (HTSUS) is governed by the General Rules of

Interpretation (GRI). GRI 1 provides that classification is

determined in accordance with the terms of the headings and any

relative section or chapter notes. Where goods cannot be

classified solely on the basis of GRI 1, the remaining rules will

be applied in sequential order.

The Explanatory Notes (EN\'s) to the Harmonized Commodity

Description and Coding System assist us in the classification of

merchandise. The EN\'s constitute the official interpretation of

the nomenclature at the international level. While not legally

binding, they represent the considered views of classification

experts of the Harmonized System Committee. It has been the

practice of the Customs Service to follow, whenever possible, the

terms of the EN\'s when interpreting the HTSUS. In Treasury

Decision (T.D.) 89-80, Customs stated that the EN\'s should always

be consulted as guidance when classifying merchandise. (See T.D.

89-80, quoting from a report of the Joint Committee on the

Omnibus Trade and Competitiveness Act of 1988, endorsing use of

the EN\'s in the classification of goods. 23 Cust. Bull. 379

(1989), 54 Fed. Reg. 35,127 (August 23, 1989).) (See also Totes,

Inc. v. United States, No. 91-09-00714, slip op. 92-153 (CIT

September 4, 1992), 26 Cust. Bull. No. 40, 35, 37 n. 3 (September

30, 1992), citing T.D. 89-80 and acknowledging the authority of

the EN\'s.)

In your letter, you suggested that the Personal Care

Amenities kit (the Amenities kit) could be classified as a travel

set for sewing purposes under heading 9605, HTSUSA. This heading

covers: \"Travel sets for personal toilet, sewing or shoe or

clothes cleaning (other than manicure and pedicure sets of

heading 8214).\" The EN\'s for heading 96.05 discuss the scope of

the heading. Therein, toilet sets and sewing kits are defined as

being presented in a case of leather, fabric, or plastics, while

shoe cleaning kits are defined as having a case of leather,

fabric, plastics, or cardboard covered with plastics. (See the

Harmonized Commodity Description and Coding System, Volume 4, p.

1604.) The Amenities kit at issue is not classifiable under

heading 9605, HTSUSA, because it is not presented in a proper

case for a travelling set. It is packaged in a flimsy cardboard

container.

Based on the foregoing, we conclude that heading 9605,

HTSUSA, is not the appropriate classification for the Amenities

kit.

Failure to qualify as a travel set classifiable under

heading 9605, HTSUSA, does not mean that the Amenities kit cannot

be classified as a set under GRI 3(b). If the kit meets the

requirements of a set, it can be classified in accordance with

GRI 3(b) under the heading applicable to the particular component

that imparts essential character to the set.

GRI 3(b) provides the following:

When, by application of Rule 2(b) or for any other

reason, goods are, prima facie, classifiable under two

or more headings, classification shall be effected as

follows:

\* \* \*

\(b\) 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 . . .

The EN\'s for GRI 3(b) provide the following:

\(X\) For the purposes 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.

While requirements (a) and (c) are satisfied, requirement (b) is

not. The articles contained in the Amenities kit are not

dedicated to a particular need or specific activity; they are

dedicated to more than one particular need or specific activity.

Components put up together that are dedicated to more than

one purpose (that is, more than one particular need or specific

activity) cannot be considered sets under GRI 3(b). This is made

apparent in the examples of proper sets presented in the EN\'s for

GRI 3(b). (See the Harmonized Commodity Description and Coding

System, Volume 1, p. 4-5.) Each example shows that a proper

set\'s contents are dedicated exclusively to one specific purpose;

for example, all contents of the spaghetti meal set (package of

uncooked spaghetti, sachet of cheese, and can of tomato sauce)

are dedicated to the preparation of a spaghetti meal and all

contents of the hairdressing set (electric hair clippers, comb,

pair of scissors, brush, and towel) are dedicated to the dressing

(cutting and/or arranging) of hair. Further, the components of

these sets are not only dedicated to a single purpose; they are

also related to one another. That is, they are used in

conjunction with one another toward the fulfillment of that

single purpose.

As stated above, the contents of the Amenities kit are

dedicated to more than one purpose. The sewing kit is dedicated

to sewing. The manicure stick, emery board, and cotton swabs

with cotton balls are completely unrelated to that purpose.

While it might be suggested that the Amenities kit qualifies as a

set because its components are dedicated to personal care while

travelling, we believe that is too broad an application of the

single purpose requirement. The sewing kit is not capable of use

in conjunction with the kit\'s other articles in fulfillment of a

single purpose. (This is not to be construed necessarily as a

conclusion that personal toilet articles combined with, for

example, sewing or shoe polishing articles cannot be considered a

travel set under heading 9605, HTSUSA, provided that all other

requirements are met.)

Under GRI 3(b), a group of articles put up for retail sale

either constitutes a proper set or does not. Customs will not

attempt to construct a qualifying set or sets out of a failed

set. When articles put up together are determined not to form a

proper set for GRI 3(b) purposes, they are classified

individually. Therefore, we conclude that the components of the

Amenities kit will have to be classified separately. Any

component of the Amenities kit which, by itself, could be

considered a set will not be treated as a set (and classified as

one article according to the component that imparts essential

character) because any such component does not meet the basic

requirement of being put up, by itself, for retail sale.

The conclusion that the Amenities kit is not a set under GRI

3(b) does not impact upon your concern regarding a visa for the

sewing kit. Any component of a GRI 3(b) set that would require a

visa if imported alone still requires a visa even though it is

merely a component of a proper set. This is not the case where a

component requiring a visa if imported alone is a component of a

travelling set under heading 9605, HTSUSA. (See Headquarters

Ruling Letter 952195, dated December 3, 1992.)

HOLDING:

The applicable subheading for the wood manicure stick is

4417.00.8090, HTSUSA, which provides for tools of wood, other,

other. The duty rate is 8% ad valorem. The applicable

subheading for the emery board is 6805.20.0000, HTSUSA, which

provides for abrasive powder/grain on a base of paper or

paperboard only. The duty rate is 2.5% ad valorem. The

applicable subheading for the Q-tips and cotton balls is

5601.21.0090, HTSUSA, which provides for other articles of

wadding, of cotton, other. The duty rate is 7.2% ad valorem and

the quota category is 369. The applicable subheading for the

thread is 5508.10.0000, HTSUSA, which provides for sewing thread

of synthetic staple fibers. The duty rate is 13% ad valorem and

the quota category is 200. The applicable subheading for the

sewing needle is 7319.10.0000, HTSUSA, which provides for sewing,

darning, or embroidery needles. The duty rate is Free. The

applicable subheading for the safety pins is 7319.20.0050,

HTSUSA, which provides for safety pins. The duty rate is 9% ad

valorem. The applicable subheading for the buttons is

9606.21.6000, HTSUSA, which provides for buttons, other. The

duty rate is 5.7% ad valorem.

The designated textile and apparel category may be

subdivided into parts. If so, visa and quota requirements

applicable to the subject merchandise may be affected. Since

part categories are the result of international bilateral

agreements which are subject to frequent renegotiations and

changes, to obtain the most current information available, we

suggest that you check, close to the time of shipment, the Status

Report On current Import Quotas (Restraint Levels), an issuance

of the U.S. Customs Service, which is updated weekly and is

available at your local Customs office.

Due to the changeable nature of the statistical annotation

(the ninth and tenth digits of the classification) and the

restraint (quota/visa) categories, you should contact your local

Customs office prior to importing the merchandise to determine

the current applicability of any import restraints or

requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division