HQ 085481: Miniature potting or garden tools and accessories; sets

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 085481

                                    December 8, 1989

             CLA-2 CO:R:CV:G:  085481 JLV

             CATEGORY:  Classification

             TARIFF NO.:  8205.51.30

             John M. Peterson, Esq.
             Neville, Peterson & Williams
             39 Broadway
             New York, New York 10006

             RE:  Miniature potting or garden tools and accessories; sets

             Dear Mr. Peterson:

                  In a letter of August 10, 1989, on behalf of your client,
             Totes, Inc., Loveland, Ohio, you request reconsideration of a
             ruling letter of July 31, 1989 (file 843179), in which a Totes
             "Potting Tools Set" was classified as other hand tools, not
             elsewhere provided for:  other household tools, in subheading
             8205.51.30, Harmonized Tariff Schedule of the United States
             (HTSUSA).  Our decision follows.

             FACTS:

                  The merchandise consists of six items:  a miniature
             trowel measuring approximately 7-1/2 inches in length, a
             miniature spade measuring approximately 7-1/2 inches in
             length, a miniature rake measuring approximately 5-3/4 inches
             in length, a safety pruner measuring approximately 7-1/4
             inches in length, a pair of woven cotton gloves with applied
             cuffs, and a fold-over pouch of plastic and nylon that is
             designed with individual pockets for each tool and a snap-
             fastened elastic band to hold the gloves.  The trowel, spade,
             and rake have wooden handles and metal working parts.  The
             pruner has plastic handles (without finger rings) and spring-
             action metal blades.

                  On June 22, 1989 (file 083964), we held, in pertinent
             part, that certain miniature hand tools similar to the
             articles in issue were classified as other household hand
             tools in subheading 8205.51.75, HTSUSA, because the miniature
             tools were not of the kind of larger and sturdier hand tools
             intended for classification in heading 8201, HTSUSA.












                                          - 2 -

                  You agree that the articles are classifiable as a set,
             but conclude that they are properly classifiable in subheading
             8201.10.00 because (1) the language of heading 8201 is not
             limited by criteria based on size, and (2) the language of
             heading 8201 does not require all tools within that heading to
             be principally used for agricultural, horticultural, or
             forestry purposes.

             ISSUE:

                  Are miniature hand tools, which resemble in shape and
             general appearance those articles known as trowels, shovels,
             rakes, and secateurs, excluded from heading 8201 because they
             are not as large and sturdy as the type of hand tools commonly
             known as trowels, shovels, rakes, and secateurs?

                  Are these miniature hand tools "of a kind used in * * *
             horticulture" if the use is for the care of potted plants in
             or around the household?

             LAW AND ANALYSIS:

                  The headings in issue are headings 8201 and 8205, HTSUSA,
             which provide as follows:

                  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

                  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

                  First, except to the extent necessary as a result of the
             classification of the individual components, we need not
             review the determination that the articles as imported
             constitute a set within General Rule of Interpretation (GRI)
             3(a) and (b), HTSUSA.  Furthermore, the classification of the
             secateur (pruning shears) is not an issue.  Heading 8201















                                          - 3 -

             provides in pertinent part for "secateurs of any kind."  The
             Explanatory Notes (EN) to heading 8201 describe (in relevant
             part) secateurs as follows:

                  (5)   One-handed secateurs (including poultry shears).
                        These are generally composed of two shafts
                        articulated on a pivot about three-quarters of the
                        way along their length. * * * they further differ
                        from the scissors of heading 82.13 since they have
                        no finger rings.

                              Secateurs almost always have a spring which
                        forces the shafts apart after cutting, and a hook
                        or other fastening so that they can be easily
                        opened or closed with one hand.  In cutting they
                        are manipulated with one hand, and they have a very
                        powerful action.

                              This heading includes gardeners' secateurs,
                        flower or fruit secateurs; vineyard secateurs with
                        narrow, tapering blades, etc.

             The small secateur included in the imported set falls within
             this description.  Although lightweight, they are similar to
             bud shears or floral pruning shears.  We conclude that the
             secateur would be classifiable (if imported separately) in
             subheading 8201.50.00, HTSUSA.

                  Concerning the classification of the "spade," "trowel,"
             and "rake," we adopt the rationale of our ruling of June 22,
             1989 (file 083964), in which we held that similar miniature
             tools were not spades, rakes, or horticultural tools of
             heading 8201.  Spades, rakes, and trowels of the type in 8201
             may be large or small, as long as they meet the common meaning
             of the terms.  In this case, the miniature spade does not rise
             to the level of a spade which is defined in Webster's Third
             New International Dictionary (Unabridged), 1965, at page 2181,
             as "an implement for turning soil * * * adapted for being
             pushed into the ground with the foot * * *."  The miniature
             rake does not rise to the level of a rake which is defined at
             page 1876 as "a hand tool usu. of a bar with projecting prongs
             that is set transversely at the end of a long handle and used
             for gathering grass, leaves, or other material or for
             loosening or smoothing the surface of the ground * * *."

                  Regarding classification as other tools of a kind used in
             horticulture in heading 8701, we also conclude that the lack
             of substantial construction and size are sufficient to remove














                                          - 4 -

             these miniature tools, including the miniature trowel," from
             the type of tools commonly recognized and used in the pursuit
             of horticulture.  For example, the list of exemplars in the EN
             to heading 8201 includes tools that have a more durable and
             serious application to agricultural or horticultural uses:  "
             * * * planters, seeders, dibbers, trowels and transplanters;
             fruit pickers; cow combs, curry combs and pig scrapers; * * *
             lawn edging irons; sheep shears."

                  In view of this, and absent a more specific provision,
             the implements fall within heading 8205 for hand tools not
             elsewhere specified or included.  The miniature size of these
             implements is evidence of their use in the household rather
             than in a commercial or business setting.  These implements
             would be used, for example, by the occasional hobbyist around
             the home.  Therefore, we conclude that they are classified in
             subheading 8205.51.30, HTSUSA, as other household hand tools
             of iron or steel.

                  GRI 3(b) requires that goods put up in sets for retail
             sale shall be classified as if they consisted of the component
             which gives them their essential character.  The components of
             the set are the pair of gloves, the three miniature imple-
             ments, and the secateur (bud shears).  Although the bud shears
             appear to have the most significant functional or utilitarian
             use in the set, that feature alone does not warrant a
             conclusion that the bud shears impart the essential character
             to the set.  GRI 3(c) requires that, when goods cannot be
             classified by Rule 3(a) or 3(b), they are to be classified in
             the heading which occurs last in numerical order among those
             which equally merit consideration.  In this case, the three
             miniature implements are classified within heading 8205.  That
             classification merits equal consideration with heading 8201
             and heading 6216 (gloves).  Therefore, the classification of
             the set is in subheading 8205.51.30, HTSUSA, pursuant to GRI
             3(c), HTSUSA.

             HOLDING:

                  For the above reasons, we conclude that the miniature
             tools, secateur, pair of gloves, and wraparound case are
             classified as a set in subheading 8205.51.30, HTSUSA.

                                          Sincerely,




                                          John Durant, Director
                                          Commercial Rulings Division
















































             6cc:  AD NY Seaport
             2cc:  Chief,  CIE
             1cc:  AC, CO
             1cc:  Durant
             1cc:  Reading File
             1cc:  NIS Martin Schulberg

             LIBRARY:   valentin
             FILE NAME: 085481