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NY H80879




May 24, 2001

CLA-2-39:RR:NC:SP:221 H80879

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Ms. Joanne Balice
CBI Distributing Corp.
2400 West Central Road
Hoffman Estates, IL 60195

RE: The tariff classification of a note pad set from China.

Dear Ms. Balice:

In your letter dated May 2, 2001, you requested a tariff classification ruling.

A sample was provided with your letter. The set consists of a zippered note pad holder with a calculator, note pad and ball point pen. The note pad holder is composed of two layers of plastic sheeting between which there is a layer of foamed plastic and a layer of cardboard. The note pad set is classified as a set. The essential character is imparted by the note pad holder.

The applicable subheading for the note pad holder set will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, office or school supplies. The rate of duty will be 5.3 percent ad valorem.

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 Joan Mazzola at 212-637-7034.

Sincerely,

Robert B. Swierupski
Director,

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