The tariff classification of Poker Game/Bar Set and Grooming Kit from China

NY L86880 September 1, 2005 CLA-2-42:RR:NC:3:341 L86880 CATEGORY: Classification TARIFF NO.: 7323.93.0060; 7323.93.0080; 9504.40.00; 9504.90.6000; 9605.00.0000 Mr. Jeffery J. Walton Sears, Roebuck & Co. Dept. 733IMP 3333 Beverly Road D5-254B Hoffman Estates, IL 60179 RE: The tariff classification of Poker Game/Bar Set and Grooming Kit from China Dear Mr. Walton: In your letter dated July 28, 2005 you requested a tariff classification ruling. You have submitted one sample each of item 64054, Structure brand “Poker Night in a Box” and item 64059, Structure brand “10 Piece Groom Kit” The samples will be returned as requested. Item 64054, “Poker Night in a Box”, consist of a set of two decks of poker playing cards and poker chips put up in a specially shaped and fitted case with a bar set consisting of a shaker/strainer, a jigger/pony alcohol measure, two three ounce flasks and a funnel. Each bar set component is of stainless steel. The case is of a kind normally sold with the set of articles and is suitable for long-term use. Item 64059, Structure “10 Piece Groom Set” is a men’s grooming set put up in a specially shaped and fitted case of a kind that is normally sold therewith and is suitable for long-term use. The grooming kit consists of a razor, razor blades, a plastic comb, a lint brush, a plastic toothbrush, a stainless steel pair of nose hair scissors, toe nail clipper, fingernail clipper, tweezers, and a cuticle pusher. The applicable subheading for the stainless steel shaker and strainer components of the “Poker Night in A Box”, item 64054, will be 7323.93.0060, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for table, kitchen or other household articles of iron or steel, other, of stainless steel, cooking and kitchen ware, kitchen ware. The rate of duty will be 2 percent ad valorem. The applicable subheading for the stainless steel flasks of item 64054, will be 7323.93.0080, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for table, kitchen or other household articles of iron or steel, other, 0f stainless steel, cooking and kitchen ware, other. The rate of duty will be 2 percent ad valorem. The applicable subheading for the playing cards portion of item 64054 will be 9504.40.0000, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for articles for arcade, table or parlor games, playing cards. The rate of duty will be free. The applicable subheading for the poker chips portion of item 64054 will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides, in part, for articles for arcade, table or parlor games, other, other, other. The rate of duty will be free. The applicable subheading for the grooming set, item 64059, will be 9605.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for travel sets for personal toilet, sewing or shoe or clothes cleaning. The rate of duty will be 8.1 percent ad valorem. General Rule of Interpretation (GRI) 5(a) specifies that specially shaped and fitted containers and cases that are of a kind normally sold with a particular article or set of articles, are suitable for long-term use and are presented therewith, are classified with such articles. The rule does not apply to containers which give the whole its essential character. In this instant the cases are classified according to GRI 5(a). This ruling is being issued under the provisions of Part 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 Kevin Gorman at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division