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NY F87071




May 25, 2000

CLA-2-64:RR:NC:TP:347 F87071

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500, 4820.10.2050, 6307.90.9989, 6405.20.9060, 9609.10.0000

Mr. Richard Tinelli
Mastercargo Inc.
161-15 Rockaway Blvd.
Jamaica, NY 11434

RE: The tariff classification of merchandise from China.

Dear Mr. Tinelli:

In your letter dated May 15, 2000, written on behalf of your client, Brod Inc., you requested a tariff classification ruling.

You have submitted a sample of what you refer to as a novelty set. It consists of a plastic bag that contains a pair of soft textile shoes, a stuffed hanging heart with “Angel is in” printed on it, a small spiral notebook with a fabric outer cover, and a sparkle pencil.

In order to qualify as a set, the components of the set must meet all of the following criteria as defined in the Explanatory Notes for GRI 3(b):
consist of at least two different articles which are, prima facie, classifiable in different headings; put together to meet a particular need or carry out a specific activity; packed for sale directly to users without repacking.

In this case the second criteria is not met since the articles contained in the plastic bag are used for different activities. Therefore, the submitted sample is not classifiable as a set for tariff purposes.

The bag used to contain the four other submitted items is made of a clear plastic material, measures approximately 10 inches by 14 inches, has a slide fastener and a textile carrying handle. The bag is not of a kind normally used for packing such goods, and is suitable for repetitive use.

The applicable subheading for the carrying bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports or similar bags with an outer surface of a sheeting of plastic, other. The rate of duty will be 20% ad valorem.

The applicable subheading for the small spiral bound, blank paper notebook, with a fabric outer cover will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for notebooks and similar articles, of paper or paperboard, other. The rate of duty will be 1.6% ad valorem.

The applicable subheading for the heart-shaped pillow, measuring approximately 5 inches long with a textile strap that can be used to hang the item on a door handle, will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made-up articles...other. The rate of duty will be 7% ad valorem.

You have submitted a shoe with a textile upper, and an outer sole made of soft textile material covered with an evenly spaced pattern of protruding rubber/plastic dots. Visual examination indicates that the external surface area of the outer sole is predominated by the textile material. Therefore, the constituent material of the outer sole for this shoe is considered to be textile.

The applicable subheading for the shoes will be 6405.20.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for footwear in which the sole’s external surface is predominately other than rubber, plastics, leather or composition leather, in which the upper’s external surface is predominately textile materials, in which the upper, by weight, predominately consists of fibers other than vegetable fibers or wool, and which has a line of demarcation between the sole and the upper. The rate of duty will be 12.5% ad valorem.

The applicable subheading for the sparkle pencil 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/gross plus 4.3% ad valorem.

Cased pencils from China may be subject to anti-dumping duties. Before you import, we recommend that you contact the International Trade Commission at:

Office of Antidumping Investigations
Import Administration
International Trade Administration
U.S. Department of Commerce
14th Street and Constitution Avenue, N.W. Washington, DC 20230

We also note that the submitted sample is not marked with the country of origin. Therefore, if imported as is, the sample submitted will not meet the country of origin marking requirement of 19 U.S.C. 1304. Accordingly, we would consider this item not legally marked under the provisions of 19 C.F.R 134.11 which states “every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit.”

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 Richard Foley at 212-637-7089.

Sincerely,

Robert B. Swierupski
Director,

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