HQ 083964: Basket in the shape of a snail and miniature tools consisting of a rake, a shovel, and pruning shears.

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 083964

                                     June 22, 1989

            CLA-2 CO:R:C:G  083964  VEA

            CATEGORY:  Classification

            TARIFF NO.: 4602.10.19; 8213.00.9000; 8205.51.75

            Louis S. Shoichet
            Siegel, Mandell & Davidson, P.C.
            One Whitehall Street
            New York, N.Y. 10004

            RE: Basket in the shape of a snail and miniature tools
            consisting of a rake, a shovel, and pruning shears.

            Dear Mr. Shoichet:

                   Your letter of February 22, 1989, requests a ruling on
            behalf of your client, Avon Products, Inc., on the
            classification of a basket in the shape of a snail and
            miniature tools consisting of a rake, a shovel, and pruning
            shears, under the Harmonized Tariff Schedule of the United
            States (HTSUS).  This ruling is our decision on that request.

            FACTS:

                   The merchandise in question is imported by Avon
            Products, Inc. from Hong Kong.  The basket is made of fern and
            is manufactured in China.  The pruning shears are scissor-type
            with finger ring handles.  Both the pruning shears and
            miniature tools are manufactured in Taiwan.  All of the items
            are shipped to Hong Kong, where they are packaged together and
            exported to the United States.

                   The importer argues that these items should be
            classified as a set because they are packaged, marketed and
            sold as a unit.  The basket gives the set its essential
            character.  Its cost makes up more than half of the value of
            the set, and it can be used as a receptacle for the miniature
            tools, as a planter, or as a decorative piece.  In the
            alternative, the importer argues that the items should be
            classified separately in the following provisions: the basket
            in subheading 4602.10.11.00, the shovel in subheading
            8201.10.00, the rake in subheading 8201.30.00.00, and the
            scissors in subheading 8213.00.90.00.
















                                         - 2 -


            ISSUE:

                   Whether the basket and miniature handtools constitute a
            set and  are properly classifiable as basketwork, wickerwork
            and other articles, in heading 4602, or as separate items in
            headings 4602, 8201 or 8205, and 8213.

            LAW AND ANALYSIS:

                   The General Rules of Interpretation (GRI's) govern
            classification under the  Harmonized Tariff Schedule.  GRI 1
            states that classification shall be determined according to the
            terms of the headings and to any relative section or chapter
            notes.  The relevant headings and subheadings at issue in this
            case include:


                   4602     Basketwork, wickerwork and other articles,
                            made directly to shape from plaiting
                            materials or made up from articles of
                            heading 4601; articles of loofah:

                   *     *     *      *      *      *      *     *

                   8201     Handtools of the following kinds and
                            base metal parts thereof: spades,
                            shovels, mattocks, picks, hoes, forks
                            and rakes; axes, bill hooks and similar
                            hewing tools; secateurs and pruners of any
                            kind; scythes, sickles, hay knives, hedge
                            shears, timber wedges and other tools of a
                            kind used in agriculture, horticulture or
                            forestry:

                   *      *     *       *     *       *        *     *

                   8213     Scissors, tailors' shears and similar shears,
                            blades and other base metal parts thereof:

                   *      *      *       *     *      *         *     *





















                                         - 3 -



                   8205     Handtools (including glass cutters) not
                            elsewhere specified or included; blow torches
                            and similar self-contained
                            torches; vises, clamps and the like, other
                            than accessories for and parts of machine
                            tools; anvils; portable forges; hand or
                            pedal-operated grinding wheels with
                            frameworks; base metal parts thereof:

                  *     *      *      *     *     *     *     *      *


                   Based on the language of the headings, the articles at
            issue can be classified in two or more headings.  When goods
            are prima facie classifiable under two or more headings,
            classification is made on the basis of GRI 3.  GRI 3(b) states
            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.

                   The Explanatory Notes for GRI 3(b) state that goods put
            up for retail sale as a set must: (a) consist of two different
            articles which are prima facie classifiable in different
            headings; (b) be products or articles put together to meet a
            particular need or carry out a specific activity; and (c) be
            put up in a manner suitable for sale directly to users without
            repacking.   Although the goods at issue in this case meet the
            requirements of a and c, they do not meet b.  The miniature
            tools are put together to carry out a specific activity i.e.
            gardening, however, the basket does not contribute to this
            activity.  It functions as a container for the gardening tools,
            but can also be used for other purposes.  The importer's
            submission states that the basket can be used as a receptacle
            for the miniature gardening tools, as a container for any other
            item, or as a decorative piece.

                   Even though the wicker basket functions as a container,
            it does not meet the requirements of GRI 5 (a) or (b). GRI 5(a)
            provides that containers shaped or fitted to contain a specific
            article or set of articles, shall be classified with such
            articles when of a kind normally sold therewith.  GRI 5(b)
            states that packing materials and packing containers presented
            with the goods therein shall be classified with the goods if
            they are of a kind normally used for packing such goods.
















                                         - 4 -


            The basket at issue fails under this provision.  It is in the
            shape of a snail, and is large enough to accommodate the
            miniature tools, however, it is not shaped or fitted to contain
            these specific articles, nor is it the normal kind of packing
            container for the goods.

                   Since these items cannot be classified together as a
            set, they must be classified separately.  Under GRI 1, heading
            4602 is the appropriate heading for classifying the basket.  To
            be classified in this heading, an article must be basketwork,
            wickerwork, and other articles, made directly to shape from
            plaiting materials or made up from articles of heading 4601.
            Chapter note 1 to Section IX, Chapter 46, defines plaiting
            materials as "materials in a state or form suitable for
            plaiting, interlacing, or similar processes; it includes straw,
            osier, or willow, bamboos, rushes, reeds, strips of wood,
            strips of other vegetable material."  The basket at issue in
            this case meets these requirements.  It is made of fern that is
            plaited together and formed into the shape of snail.

                   The pruning shears are properly classifiable in heading
            8213, which specifically provides for scissors, tailors' shears
            and similar shears, and blades and other base metal parts.
            Chapter note 1 to Chapter 82, Section XV, states that this
            chapter covers only articles with a blade, working edge,
            working surface, or other working part of base metal.  The
            shears at issue in this case consist of two metal blades.

                   Based on the language of the headings, the miniature
            tools at issue can be classified in two headings, 8201 and
            8205.  GRI 3(a) requires that goods be classified according to
            the heading which provides the most specific description.

                   Heading 8201 provides for  handtools (spades, shovels,
            mattocks, picks, hoes, forks and rakes; axes, bill hooks and
            similar hewing tools; secateurs and pruners of any kind;
            scythes, sickles, hay knives, hedge shears, timber wedges and
            other tools used in agriculture, horticulture, or forestry).
            The Explanatory Notes to heading 8201, although not legally
            binding provide some guidance as to the types of articles
            intended for classification in that provision.  They state that
            this heading covers handtools used mainly in agriculture,
            horticulture or forestry, though some may be used for other
            purposes (e.g. in road work, navying, mining, quarrying,

















                                         - 5 -


            woodworking or household work).  Use in these applications
            indicates that heading 8201 applies to hand tools, which are
            larger and more sturdier than those at issue in this case.  The
            tools in this case are miniature handtools, which can only be
            used to perform small tasks, and are clearly not the kind of
            handtool intended for classification in 8201.

                   Based on the language of heading 8205, the shovel and
            rake are properly classified in that provision.  Heading 8205
            provides for handtools and household tools that are not
            included in any other provision.  The tools in this case are
            are not provided for in any other provision.  Also, they are
            miniature handtools, which are practical for small household
            tasks.  Thus, under GRI 3(a), heading 8205 provides the most
            specific description of the tools and is the appropriate
            heading for classification.

            HOLDING:

                   The basket is properly classifiable as basketwork,
            wickerwork and other articles in heading 4602, subheading
            4602.10.19.  The pruning shears are classifiable in heading
            8213, subheading 8213.00.90.  The miniature tools are properly
            classifiable in heading 8205, subheading 8205.51.75.  Your
            samples are being returned as requested.


                                      Sincerely,




                                      John Durant, Director
                                      Commercial Rulings Division