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NY 893726




January 28, 1994

CLA-2-96:S:N:N3:113 893726

CATEGORY: CLASSIFICATION

TARIFF NO.: 9609.10.0000; 9102.12.80; 9102.12.4000; 8470.10.0040; 8214.10.0000; 4016.92.0000

Mr. Miguel Ruiz
Miami International Forwarders
P.O. Box 523730
Miami, FL 33152-3730

RE: The tariff classification of a Performance Pak and Power Pak from various countries

Dear Mr. Ruiz:

In your letter dated January 4, 1994, on behalf of Dyno Merchandise Corporation, you requested a tariff classification ruling.

The merchandise is a Performance Pak, item no. J7473.00 and the Power Pak, item no. J7472.00. Both are assortments of various articles retail packaged for sale. The Performance Pak consists of three pencils and a rubber eraser made in Korea and an electronic calculator and a plastic sharpener made in China. The Power Pak contains the same articles plus a wristwatch. The watch is battery-powered and made in Japan. It has an opto-electronic display and a plastic strap. The merchandise was assembled and packaged in Hong Kong. For classification purposes, each item in the Performance Pak and Power Pak will be classified separately. The country of origin marking on the samples you submitted does not satisfy the requirements of 19 CFR 1304. Each individual item should be marked with the country of origin and be conspicuously visible through the retail package and unconcealed. Another method of marking would be to list the items and their corresponding countries of origin on the outer package in a conspicuous place.

The applicable subheading for the pencils will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3 percent ad valorem.

The applicable subheading for the watch will be 9102.12.80, Harmonized Tariff Schedule of the United States (HTS), which provides for wristwatches, battery-powered, with opto-electronic display only. The rate of duty will be 3.9 percent ad valorem on the movement and case plus 5.3 percent ad valorem on the battery. The applicable subheading for the plastic wristband will be 9102.12.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for straps, bands or bracelets entered with watches of subheading 9102.12.80 ... whether or not attached to such watches at the time of entry, other. The rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the calculator will be 8470.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for electronic calculators capable of operation without an external source of power, display only. The rate of duty will be 3.7 percent ad valorem.

The applicable subheading for the pencil sharpener will be 8214.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for paper knives ... pencil sharpeners (nonmechanical) and blades and other parts thereof. The rate of duty will be 0.4 cents each plus 6.1 percent ad valorem.

The applicable subheading for the eraser will be 4016.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, erasers. The rate of duty will be 4.2 percent 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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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