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NY K87326




July 7, 2004
CLA-2-63:RR:NC:N3:351 K87326

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 8309.90.0000, 4821.90.4000, 9608.10.0000

Tom Paciaffi
Vice President
Coronet Brokers Corp.
1 Cross Island Plaza
Suite 309
Rosedale, New York 11422

RE: The tariff classification of a Wine Bottle Gift Kit from China

Dear Mr. Paciaffi:

In your letter dated June 16, 2004, you requested a tariff classification ruling on behalf of Blumenthal/Lansing Company, of Carlstadt, New Jersey.

The submitted sample is described as a “Wine Bottle Gift Kit.” It consists of four wine bags, two wine stoppers, five gift tags, one glitter gel pen, and one “embellishment pack.”

The wine bags measure approximately 6 ½” W x 14 ¾” H and are constructed of 100 percent nylon organza with a drawstring closure.

The embellishment pack contains four designs made of wire covered with a 100 percent nylon organza center, sequins, four nylon organza bows, and four pieces of gold cotton cord. They are intended to ornament a wine bottle.

The applicable subheading for the wine bags and the embellishments will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The wine stoppers are constructed of 95 percent cast stainless steel and 5 percent rubber. The applicable subheading for the wine stoppers will be 8309.90.0000, HTS, which provides for stoppers, caps, and lids of base metal. The rate of duty will be 2.6 percent ad valorem.

The gift tags, printed and unprinted, are constructed of 100 percent paper. In a telephone conversation, you stated that the printed gift tags will be sewn onto the wine bags prior to importation. In this case, they will be considered as part of the bag and will not be separately classifiable. However, the unprinted tags will be imported separately and the applicable subheading for the unprinted tags/labels will be 4821.90.4000, HTS, which provides for other paper and paperboard labels. The rate of duty will be Free.

The glitter gel pen is a plastic ballpoint pen. The applicable subheading for the pen will be 9608.10.0000, HTS, which provides for ballpoint pens. The rate of duty will be 0.8 cents each + 5.4 percent ad valorem.

In regard to the pen, your letter asked about the marking for the pen regarding toxicity. This merchandise may be subject to the requirements of the Toxic Substances Control Act (TSCA), which is administered by the U.S. Environmental Protection Agency. You may contact them at 401 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II at (732) 321-6669.

The samples will be returned as requested.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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