NY 813751

August 30, 1995

CLA-2-82:S:N:N3:115 813751

CATEGORY: Classification

TARIFF NO.: 8206.00.0000/8204.12.0000

Ms. Jane Parker

Performance Inc.

One Performance Way

Chapel Hill, NC 27514

RE: The tariff classification of a bicycle tool/repair kit from

Taiwan.

Dear Ms. Jane Parker:

In your letter dated August 1, 1995, you requested a tariff

classification ruling.

The subject item is the Performance Deluxe Tool Kit, style

70-2706, which includes the following:

a) chain rivet tool

b) 6" adjustable wrench

c) 6 piece Allen wrench set - 2 to 7 mm

d) third hand brake tool

e) 1/8" flat head screwdriver

f) #0 Phillips screwdriver

g) patch kit

h) nylon tire levers

i) 8/9/10mm "Y" socket wrench

j) double ended spoke wrench

k) Cordura pouch - which is a tool roll

l) Stuff sack - (which houses the Cordura pouch) and

attaches under your seat with Velcro straps.

Under the HTS, goods put up in sets for retail sale are

classified as explained below. Classification is based on the

essential character of the set. The essential character of this

set is found in the items classifiable under the various hand tool

provisions of headings 8202 to 8205 inclusive. These items

constitute a sub-set which meet the criteria required for

classification in heading 8206.00.0000 as tool sets. Heading

8206.00.0000 requires that duty be applied to that item in the tool

set subject to the highest rate of duty.

The applicable HTS subheading for the Performance Essential

Tool Kit will be 8204.12.0000, as derived from heading

8206.00.0000, which provides for adjustable wrenches. The rate of

duty will be 9% ad valorem.

The tool roll and the stuff sack which are both classifiable

in 4202.92.9025, HTS, falls within textile category designation

670. Based upon international textile trade agreements, products

of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be

subdivided into parts. If so, visa and quota requirements

applicable to the subject merchandise may be affected. Since part

categories are the result of international bilateral agreements

which are subject to frequent renegotiations and changes, to obtain

the most current information available, we suggest that you check,

close to the time of shipment, the Status Report On Current Import

Quotas (Restraint Levels), an internal issuance of the U.S. Customs

Service, which is available for inspection at your local Customs

office.

This ruling is being issued under the provisions of Section

177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry

documents filed at the time this merchandise is imported. If the

documents have been filed without a copy, this ruling should be

brought to the attention of the Customs officer handling the

transaction.

Sincerely,

Jean F. Maguire

Area Director

New York Seaport