Customs classification of instrument cases follows Chapter 90 when supplied with the instruments and normally sold together.

Cases for keeping measuring instruments and accessories were classifiable with the instruments under Heading 90.11/12, not under Heading 42.01/06, because they were imported together under the same bill of entry and invoice, bore the same part number, and were supplied by the same importer. On those facts, the cases were treated as articles of a kind normally sold with the instruments and accessories. Note 6 of Chapter 90 did not require that such cases be supplied free of cost before classification with the instruments could apply.

---

---

Issues: Whether cases for keeping measuring instruments and accessories were classifiable with the instruments under Heading 90.11/12 of the Customs Tariff Act or under Heading 42.01/06 of the Customs Tariff Act.

Analysis: The cases were imported along with the instruments and accessories under the same bill of entry and invoice, bore the same part number, and were supplied by the same importer. On these facts, the cases were held to be of a kind normally sold with the instruments and accessories. Note 6 of Chapter 90 did not require that the cases must be supplied free of cost before they could be classified with the instruments.

Conclusion: The cases were classifiable with the instruments under Heading 90.11/12, not under Heading 42.01/06.

---