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NY I82737

June 19, 2002

CLA-2-96:RR:NC:SP:221 I82737


TARIFF NO.: 4202.92.3031; 4820.10.2020; 9608.10.0000

Ms. Dana N. Mobley
J.C. Penney Purchasing Corporation
P.O. Box 10001
Dallas, Texas 75301

RE: The tariff classification of a gel pen stationery set from Hong Kong and other countries.

Dear Ms. Mobley:

In your letter dated May 3, 2002, you requested a tariff classification ruling.

A sample was provided with your letter. The stationery set (lot number 653-0771) consists of 12 gel ball point pens, 1 rectangular pad of paper, 1 circular pad of paper, and 1 knit nylon mesh utility zipper bag. As you requested, the sample is being returned.

The applicable subheading for the gel pens will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

The applicable subheading for the rectangular and circular pads of paper will be 4820.10.2020, HTS, which provides for memorandum pads, letter pads and similar articles, of paper or paperboard. The rate of duty will be 0.8 percent ad valorem.

The applicable subheading for the knit nylon mesh utility bag will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, other, other. The rate of duty will be 18.1 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. The mesh bag is not subject to quota or a visa requirement when produced in Hong Kong. However, when this product is made in another country, based upon international textile trade agreements, it may be subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 646-733-3023.


Robert B. Swierupski

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