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NY J84908

June 5, 2003

CLA-2-48:RR:NC:SP:234 J84908


TARIFF NO.: 4820.10.2010; 4820.10.2020; 4811.90.9000; 4817.10.0000; 9608.10.0000; 9609.10.0000; 3926.10.0000; 4016.92.0000

Mr. David Engel
American Studio Designs, Ltd.
12 Havemeyer Place
Greenwich, CT 06830

RE: The tariff classification of a stationery kit from China.

Dear Mr. Engel:

In your letter dated May 19, 2003, you requested a tariff classification ruling.

A sample identified as a #61406 “Traveling Stationery Set” was submitted for our examination. It consists of a number of items, mostly related to writing activities, shrink wrapped together for retail sale. However, one of the items is a molded-plastic stationery box that is neither “ordinary packing” nor specially shaped or fitted to hold the articles accompanying it. For that reason, the items comprising product #61406 will not be considered “goods put up in sets for retail sale” for tariff purposes, and will therefore be classified separately. The individual items are listed below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), duty rate, and tariff description.

A 2-5/8” x 3-3/4” hardbound address book with alphabetically tabbed pages. 4820.10.2010/ 0.4%. (Diaries and address books, bound, of paper or paperboard)

A 5” x 7-1/2” note pad containing blank, ruled sheets of paper. 4820.10.2020/ 0.4%. (Memorandum pads, letter pads and similar articles, of paper or paperboard)

30 loose sheets of design-printed writing paper, each measuring 6” x 8”. 4811.90.9000/ 0.5%. (Papersurface-decorated or printedother (than certain enumerated kinds)) 15 design-printed paper envelopes. 4817.10.0000/ 0.4%. (Envelopes of paper or paperboard)

A ballpoint pen. 9608.10.0000/ 0.8 cents each + 5.4%. (Ball point pens)

3 pencils. 9609.10.0000/ 14 cents per gross + 4.3%. (Pencils and crayons, with leads encased in a wooden sheath.) [Note: The pencils may be subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.]

An eraser. If of plastics: 3926.10.0000/ 5.3%. (Other articles of plasticsoffice or school supplies) Or, if of rubber: 4016.92.0000/ 4.2%. (Other articles of vulcanized rubber other than hard rubbererasers.)

A hinged, molded-plastic stationery box measuring 9” x 12” x ¾”. It is not specially shaped or fitted to hold the above items. The interior is completely empty, without dividers, compartments or the like. 3926.10.0000/ 5.3%. (Other articles of plasticsoffice or school supplies)

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 646-733-3037.


Robert B. Swierupski

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