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NY D81883




September 17, 1998

CLA-2-42:RR:NC:TA:341 D81883

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026

Ms. Ann Vietello
Etienne Aigner, Inc.
47 Brunswick Ave.
Edison, NJ 08818-3111

RE: The tariff classification of Stationary Kits from China.

Dear Ms. Vietello:

In your letter dated August 28, 1998, you requested a classification ruling for Stationary Kits.

You have request a tariff classification decision for four articles described as stationary kits. You have submitted samples of styles identified as numbers JLZ 599A and JLZ 599D.

Styles number JLZ 599A and JLZ 599D each consists of a zippered case manufactured of 100 percent man-made textile materials. The case is specially shaped and fitted to contain various stationary articles, is of the kind normally sold at retail with the contents and is designed for long term use. The case and the contents together form a whole which would not normally be offered for sale in separate parts and the case is not of a kind normally sold without the contents.

Style JLZ 599A is fitted with: 1. a 4" plastic ruler, 2. a hand held stapler, 3. a metal tip plastic handle scissor. It is also fitted with a loop for a pen which is not included as presented to the Customs Service.

Style JLZ 599D is fitted with: 1. a 6" plastic ruler, 2. a hand held stapler, 3. a metal tip/plastic handle scissor, 4. a cutter with plastic handle, 5. a credit card sized calculator with battery, 6. a plastic keychain with a spring loaded measuring tape of metal and plastic, 7. one box each of staples and metal paper clips. It is also fitted with a loop for a pen which is not included as presented.

A substantially similar article had been previously determined by the Office of Regulations and Rulings, Customs Headquarters, to be classified within General Rule of Interpretation 3(b) as a set with the fitted case imparting the essential character. Customs decision HQ 957618, March 1, 1995, is noted.

The applicable subheading for the fitted cases with contents will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTS), which provides for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 19 percent ad valorem.

This office is unable to provide a ruling decision for the two remaining styles for which samples have not been submitted. If a ruling decision is desired, please resubmit your request with samples and a breakdown by value showing separate cost of the case and component.

Items classifiable under 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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