HQ 083828: Emergency Kit

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 083828

                                    June 9, 1989

          CLA-2 CO:R:C:G:  083828 BPM

          CATEGORY:  Classification

          TARIFF NO.:  Unknown

          Mr. Gary E. Crawford
          A.N. Deringer, Inc.
          P.O. Box 625
          Jackman, Maine 04945-0559

          RE:   Emergency Kit

          Dear Mr. Crawford:

                By letter dated February 9, 1989, you requested a ruling on
          the appropriate tariff classification of the Securi-Kit, an
          emergency supply kit manufactured by Securi-Kit, Inc. of Quebec,
          Canada, under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  Your request has been forwarded to this
          office for a reply.

          FACTS:

                The Securi-Kit is a plastic-reinforced, zippered, vinyl bag
          with elastic straps containing a variety of tools, medical
          supplies, repair supplies, and other items for use in emergency
          situations.  Printed on the outside of the bag is a picture of a
          truck, a car and a motorcycle, indicating that the items are to
          be marketed for use in motor vehicles for road emergencies.

                The kit is comprised of the following items from the
          following countries:

          1.    One Emergency Blanket--Korea
          2.    One First Aid Booklet--Canada
          3.    One Flashlight--Singapore
          4.    One Candle--Canada
          5.    Three Two-Packs of Aspirin Tablets--U.S.
          6.    Three Alcohol Swab Packets--U.S.
          7.    Five Adhesive Bandages--Taiwan
          8.    Three Towelettes--Canada
          9.    One Sewing Needle--England
          10.   One Fifty-Yard Spool of Thread--U.S.
          11.   One 35 ml Bottle of De-Icing Fluid--Canada
          12.   One Roll of Gauze--Korea














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          13.   One Box of Waterproof Matches--Australia
          14.   One Roll of Electrical Tape--Taiwan
          15.   One Roll of Brass Wire--Canada
          16.   One Screwdriver with Five Bits--Canada
          17.   Two Safety Pins--Hong Kong
          18.   One Pair of Long Nose Pliers--Canada
          19.   One 150-Milliliter Bottle of Gas Line Antifreeze--Canada
          20.   Two Small Plastic Bags--Korea
          21.   One Plastic-Reinforced, Zippered, Vinyl Bag with Elastic--
                Unknown

          ISSUE:

                What is the appropriate classification for a plastic-
          reinforced, zippered, vinyl bag with elastic straps containing a
          variety of tools, medical supplies, repair supplies, and other
          items for use in emergency situations?

          LAW AND ANALYSIS:

                The Securi-Kit is a collection of items intended for use in
          the event of a road emergency.  It is designed for use as an
          accessory for cars, trucks, motorcycles or other motor vehicles.
          Subheading 8708.99.5090, HTSUSA, covers other parts and
          accessories of the motor vehicles of headings 8701 to 8705.  The
          Securi-Kit is not, however, classifiable as an accessory of the
          motor vehicles of headings 8701 to 8705, since it does not
          facilitate use of such motor vehicles, does not widen the range
          or use of such motor vehicles, does not improve the operation of
          such motor vehicles, and is not identifiable as being intended
          solely or principally for use with such motor vehicles (for
          example, it could be used with motorcycles or boats).

                The Securi-Kit does not meet the criteria for treatment as
          goods put up in a set for retail sale listed in Explanatory Note
          X to Rule 3(b).  Specifically, the kit does not consist of
          products or articles put up together to meet a particular need or
          carry out a specific activity.  Although the kit is designed to
          meet the need of remedying road emergencies, this type of need is
          not the type which is intended by the note.

                In view of the foregoing, the individual items in the
          Securi-Kit must be classified separately.

                In accordance with Article 301, Paragraph 3(a), United
          States-Canada Free Trade Agreement (CFTA), and General Note
















                                         -3-

          3(c)(vii)(C)(1), HTSUSA, the component items of the Securi-Kit
          must have undergone more than simple packaging or combining
          operations within the territory of Canada, except as expressly
          provided by the rules of Annex 301.2 to Article 301 of the United
          States-Canada Free Trade Agreement (General Note 3(c)(vii)(H),
          HTSUSA) in order to be subject to duty under the CFTA.  Assembly
          of the Securi-Kit in the territory of Canada is the type of
          simple combining operation contemplated by the CFTA Rules of
          Origin as being insufficient for duty treatment under the CFTA.
          Pursuant to Rule 3(a), the Securi-Kit does not originate in the
          territory of Canada, and is not subject to duty under the CFTA.

                Your request for a ruling indicates that you intend to
          import a drug into the United States.  The importation into the
          United States of food, beverages, drugs, devices, and cosmetics
          is governed by the provisions of the Federal Food, Drug, and
          Cosmetic Act, which is administered by the Food and Drug
          Administration (FDA) of the Department of Health and Human
          Services, Rockville, Maryland 20857.  You may wish to contact the
          FDA to obtain information relevant to your importation of a drug.

                The descriptions and labels of the gas line antifreeze and
          de-icing fluid do not indicate their contents.  The importation
          into the United States of dangerous caustic or corrosive
          substances in packages suitable for household use and of
          hazardous substances is regulated by the Hazardous Substances
          Act; the Caustic Poison Act; the Food, Drug and Cosmetic Act; and
          the Consumer Product Safety Act.  The marking, labelling,
          packaging, and transportation of hazardous materials, substances,
          wastes, and their containers is regulated by the Materials
          Transportation Bureau of the Department of Transportation (DOT),
          Washington, D.C. 20590.  You may wish to contact the DOT and the
          Consumer Product Safety Commission, 5401 Westbard Avenue,
          Bethesda, Maryland 20207, to obtain relevant information.

                Importations of petroleum and petroleum products are
          subject to the requirements of the Department of Energy (DOE).
          An import license is no longer required, but these importations
          may be subject to an oil import license fee collected and
          administered by the DOE.  Inquiries should be directed to the
          Department of Energy, Washington, D.C. 20585.

                The Toxic Substances Control Act, effective January 1,
          1977, regulates the manufacturing, processing, distribution in
          commerce, use or disposal of any chemical substance or mixture
          that may present an unreasonable risk of injury to health or
















                                         -4-

          environment.  This includes importation of such substances into
          the United States.  Importations will not be released from
          Customs custody unless proper certification of compliance with or
          exemption from the requirements of the Toxic Substances Control
          Act is presented to Customs.

          HOLDING:

                The components of the Securi-Kit must be classified
          individually.  Please submit the information listed in the
          enclosed leaflet entitled "District Rulings Program" with regard
          to each item in the Securi-Kit.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division