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NY H81300





July 9, 2001

CLA-2-42:RR:NC:N3:341 H81300

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 7326.20.0050; 9609.10.0000; 3926.90.9880; 3924.90.2000; 3924.90.5500; 4820.10.2050; 3919.90.5060; 9502.10.0060; 9502.91.0000; 9504.90.6000.

Mr. John Cioffi
Continental Forwarding Co., Inc.
P.O. Box 81222 AMF
Cleveland, Ohio 44181

RE: The tariff classification of travel bags, note book, game boards, key ring, pencil, picture frame, storage box, picture pockets, and flat self-adhesive shapes from China.

Dear Mr. Cioffi:

In your letter dated May 14th, 2001, you requested a ruling on behalf of Lamrite West, Inc., a.k.a. Darice Inc. (a wholly owned division of Lamrite West, Inc.) on tariff classification.

The samples submitted with your request consist of items #1962-44 and #1962-42.

Item #1962-44, “Fun & Funky Line”-‘Makin Memories’, consists of a zippered tote/travel bag made of sheeting of plastic that is imported packed for retail with the following items: plastic picture pockets, plastic picture frame, key fob with key chain, plastic household box, and a packet of flat self-adhesive shapes to be used to decorate the aforementioned items. The items are not considered a set and are to be classified separately.

Item #1962-42, “Fun & Funky Line”-‘Fun & Games,’ consists of a backpack made of sheeting of plastic that is imported packed for retail with the following items: a tic-tac-toe board, hangman board, blank note book, pencil, and pack of flat self-adhesive shapes to be used to play tic-tac-toe, hangman, and for decoration. The items are not considered a set and are to be classified separately.

The applicable subheading for the tote bag and backpack will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags, other. The general rate of duty will be 20 percent ad valorem.

The applicable subheading for the key fob with key ring will be 7326.20.0050 Harmonized Tariff Schedule of the United States (HTS), which provides for articles of iron or steel wire, other. The general rate of duty will be 3.9 percent ad valorem.

The applicable subheading for the 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 general rate of duty will be 14 cents per gross + 4.3% percent ad valorem.

The applicable subheading for the picture pockets will be 3926.90.9880 Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of headings 3901 to 3914other . The general rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the plastic picture frame will be 3924.90.2000 Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plasticspicture frames. The general rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic box will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plasticsother. The general rate of duty will be 3.4% ad valorem.

The applicable subheading for the notebook will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles, other. The general rate of duty will be 1.2% ad valorem.

The applicable subheading for the flat self-adhesive shapes, with the exception of the doll and doll’s tops and pants that are used to play hangman, will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rollsother. The general rate of duty will be 5.8% ad valorem.

The applicable subheading for the doll portion of the flat self-adhesive shapes that is used to play hangman will be 9502.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereofother. The general rate of duty will be free.

The applicable subheading for the doll’s top and pants portion of the flat self-adhesive shapes that are used to play hangman will be 9502.91.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for dolls representing only human beings and parts and accessories thereof garments and accessories thereof, footwear and headgear. The general rate of duty will be free.

The applicable subheading for the tic-tac-toe game board and hangman game board will be 9504.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for chess, checkers, parchisi, backgammon, darts and other games played on boards of a special design, all the foregoing games and parts thereof (including their boards); mah-jong and dominoes; any of the foregoing games in combination with each other, or with other games, packaged together as a unit in immediate containers of a type used in retail sales; poker chips and dice, other. The general rate of duty will be free.

Your samples are being 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 Kevin Gorman at 212-637-7091.

Sincerely,

Robert B. Swierupski
Director,

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