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NY 817066




December 15, 1995

CLA-2-87:RR:NC:MA:101 817066

CATEGORY: CLASSIFICATION

TARIFF NO.: 8708.99.8080; 9608.10.0000; 9004.10.0000

Mr. William A. Vollmerhausen
Preclassification Leader
Kmart Corporation
International Headquarters
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of an automotive Visor organizer with sunglass and pen from China

Dear Mr. Vollmerhausen:

In your letter dated November 20, 1995 you requested a tariff classification ruling.

The item concerned (Item #OR15K, code 82-09-68) is a black, rectangular piece of cardboard covered with sewn plastic. Partially-glued to the front of the item is a 1" piece of elastic; slipped behind the portion of the elastic which is not glued is a 5" black plastic and gold metal ball point pen. Underneath the elastic is a 4 1/4"H X 6 1/4"W expandable pocket with a Velcro closure; inside the pocket is a pair of black plastic sunglasses with blue foam temple guards and green lenses. To the right of the expandable pocket are two 2"H X 2 1/2"W expandable pockets, one above the other, which also have Velcro closures. Further to the right are two slit pockets in the plastic body of the organizer, itself. On the back of the organizer are two black, sewn-in 5" elastic straps.

Classification of merchandise under the Harmonized Tariff Schedule of the United States (HTSUS) is in accordance with the General Rules of Interpretation (GRI's). The Visor organizer does not meet the criteria for treatment as a set under GRI analysis; it does not "consist of products or articles put up together to meet a particular need or carry out a specific activity." Therefore, the three articles involved; the Visor organizer, the ball point pen and the sunglasses must be classified separately.

The applicable subheading for the Visor organizer, alone, will be 8708.99.8080, Harmonized Tariff Schedule of the United States (HTS), which provides for Parts and accessories of . . . motor vehicles: Other parts and accessories: Other: Other: Other: Other: Other. The rate of duty will be 3% ad valorem.

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

The applicable subheading for the sunglasses will be 9004.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Spectacle, goggles and the like . . . : Sunglasses. The rate of duty will be 6.2% ad valorem.

This ruling is being issued under the provisions of Section 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 Robert DeSoucey at 212-466-5667.

Sincerely,

Roger J. Silvestri

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