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NY B86208

July 8, 1997

CLA-2-42:RR:NC:TA:341 B86208


TARIFF NO.: 9608.10.0000; 4202.32.9550; 7419.99.5050

Ms. Joy Lyn Antunes
Norman Krieger, Inc.
5761 W. Imperial Hwy
Los Angeles, CA 90045

RE: The tariff classification of ballpoint pen, a drawstring pouch and a key ring from Taiwan.

Dear Ms. Antunes:

In your letter dated May 28, 1997, on behalf of Marketing Innovations Int'l, Inc., you requested a classification ruling for a ballpoint pen, a drawstring pouch and a key ring.

You have submitted three samples with your request. No style numbers indicated. They are as follows:

Item 1 is a ballpoint pen with a specially shaped and fitted pouch designed to contain the pen. The pouch is of the kind normally sold at retail with the pen. Per GRI-5(a) the pouch is classified with the pen if imported with the pen.

Items 2 and 3, described as a key ring pouch, consists of a textile man-made drawstring pouch and a brass key ring. The pouch is a generic pouch or purse not specially shaped or fitted to contain a specific article or articles. The pouch is similar to a coin pouch. You have indicated that the pouch and the key ring are considered to be a set. However, for classification purposes the items are not considered to be a set. Each item will stand on its own merit.

The applicable subheading for the ballpoint pen with pouch will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Ballpoint pens. The duty rate will be 0.8 cent each plus 5.4 percent ad valorem.

The applicable subheading for the drawstring pouch will be 4202.32.9550, HTS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of textile materials, other, of man-made fibers. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for the key ring will be 7419.99.5050, HTS, which provides for other articles of brass. The rate of duty will be 2 percent ad valorem.

Items classifiable under 4202.32.9550 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Kevin Gorman at 212-466-5893.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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