The tariff classification of a garden tool set from China.

NY H80358 May 1, 2001 CLA-2-82:RR:NC:1:118 H80358 CATEGORY: Classification TARIFF NO.: 8201.90.6000 Mr. John deBoer Wal(Mart Stores, Inc. 702 Southwest 8th Street Bentonville, AR 72716-8023 RE: The tariff classification of a garden tool set from China. Dear Mr. deBoer: In your letter dated April 11, 2001, you requested a tariff classification ruling. Your sample will be returned to you as requested. You have described your submitted sample, style number SM2001, as a garden tool set. It includes the following: Stainless Steel Pruning Shears Stainless Steel Weeder Stainless Steel Cultivator Stainless Steel Trowel Stainless Steel Transplanter Knee Pad Canvas bag of man-made textile materials with pockets specifically designed for the tools, including silk-screened names of the tools above each pocket We believe that the garden tool set meets the explanatory note definition of “goods put up in sets for retail sale.” First, the gardening set consists of at least two different articles, which are, prima facie, classifiable in two different headings. Secondly, the items are put up together to carry out the specific activity of gardening and the items will be used together or in conjunction with one another. Lastly, the articles will be presented put up in a manner suitable for sale directly to users without repacking. We thus believe that the gardening set qualifies as a set of GRI 3. The applicable subheading for the garden tool set will be 8201.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other handtools of a kind used in agriculture, horticulture or forestry, and parts thereof. The duty rate will be free. The toolbag, of man-made textile materials, is of a kind classified in subheading 4202.92.9026, HTS. Goods classified in 4202.92.9026, HTS, fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this 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 Kathy Campanelli at 212-637-7025. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division