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NY A84271

June 17, 1996

CLA-2-48:RR:NC:GI:234 A84271


TARIFF NO.: 4823.90.6500; 4820.10.2010; 9105.91.80; 9609.10.0000

Ms. Cyndi Bergamini
CSI Industries, Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of a desk accessory set from China.

Dear Ms. Bergamini:

In your letter dated May 31, 1996, you requested a tariff classification ruling.

A sample identified as a "Cardboard Pen Stand with Clock Stationery Set" (Style 008-966097) was submitted and is being returned to you as requested. It consists of a 3" x 3" x 4 1/4" box-like cardboard receptacle which holds several removable items. The open-topped rear compartment contains two wooden pencils, a small permanently-bound address book, and a paperboard picture frame featuring a fold-out stand. A front compartment (open at the top and the front) holds a quartz-analog clock, complete with AA battery. Below the clock section is an empty drawer, suitable for storing small items such as paper clips and the like.

All of the items are covered with matching design-printed, plastic-coated paper, and it appears that they will be packed and sold together as a desk accessory set. However, since the articles relate to various needs or activities, for tariff purposes they will not be considered "goods put up in sets for retail sale," and will consequently be classified separately.

The applicable subheading for the receptacle with drawer, and for the picture frame, will be 4823.90.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of coated paper or paperboard. The rate of duty will be 4.5%.

The applicable subheading for the address book will be 4820.10.2010, HTS, which provides for diaries and address books, bound, of paper or paperboard. The rate of duty will be 3.2%.

The applicable subheading for the clock will be 9105.91.80, HTS, which provides for other electrically operated clocks. The rate of duty will be 30 cents each + 6.9% on the case + 5.3% on the battery.

The applicable subheading for the pencils will be 9609.10.0000, HTS, which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3%.

Cased pencils from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street & Constitution Avenue, N.W.
Washington, D.C. 20230

We note that the sample is not marked with its country or origin. When imported into the United States, the product (or its immediate container destined to reach the ultimate purchaser) will be required to be so marked (i.e., "Made in China"), legibly and in a conspicuous place. In addition, the clock will be required to be marked with the country of origin of its movement.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Carl Abramowitz at (212) 466-5733.


Roger J. Silvestri

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