HQ 082617: Broom hooks; reconsideration of NYRL 829981

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 082617

                                  February 12, 1990



          CLA-2:CO:R:C:G  082617  SR

          CATEGORY:  Classification

          TARIFF NO.:  7326.90.9090

          Mr. Jack Golla
          Action Industries, Inc.
          Allegheny Industrial Park
          Cheswick, Pennsylvania 15024

          RE:  Broom hooks; reconsideration of NYRL 829981

          Dear Mr. Golla:

               This is in reference to your letter dated July 5, 1988,
          concerning New York Ruling Letter (NYRL) 829981, dated June 10,
          1988.

          FACTS:

               NYRL 829981, classified steel screw broom hooks under
          subheading 7326.90.9090, Harmonized Tariff Schedule of the United
          States Annotated (HTSUSA), as other articles of irom or steel,
          and their attaching screws seperately under subheading
          7318.12.0000, HTSUSA, the provision for other wood scews of iron
          or steel.  You state in your letter of July 5, 1988,  that the
          broom hooks and screws are classifiable as a set.

          ISSUE:

               What is the classification of steel screw broom hooks?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is governed by the
          General Rules of Interpretation (GRI), taken in order.  GRI 3
          provides that goods put up in sets for retail sale shall be
          classified as if they consisted of the material or component
          which gives them their essential character.  


















                                         -2-

               The Explanatory Notes constitute the official interpretation
          of the tariff at the international level.  The Explanatory Notes
          to GRI 3(b) provide that the term goods put up in sets for retail
          sale shall be taken to mean goods which consist of at least two
          different articles which are, prima facie, classifiable in
          different headings; consist of products or articles put up
          together to meet a particular need or carry out a specific
          activity; and are put up in a manner suitable for sale directly
          to users without repacking.  The merchandise at issue contains
          articles that are prima facie classifiable in different headings
          and otherwise qualify for classification as a set.

          HOLDING:

               The broom hooks and the screws fit the description of a set.
          It is the broom hooks that impart the essential character of the
          set; therefore, the sets are classifiable as other articles of
          steel.  The merchandise at issue is classifiable as a set under
          subheading 7326.90.9090, HTSUSA, as other articles of iron or
          steel, other, other, other, other.  The rate of duty is 5.7
          percent ad valorem.

               NYRL 829981, dated June 10, 1988, is hereby modified.


                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division
































          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference