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NY H83622





July 20, 2001

CLA-2-42:RR:NC:N3:341 H83622

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.3020; 8211.93.0060; 8305.20.0000; 8305.90.3010; 8214.10.0000; 9608.10.0000; 9609.10.0000; 3919.10.2030; 4016.92.0000; 3926.10.0000; 7319.30.5010; 8470.10.0040; 9017.80.0000; 8213.00.3000; 8205.59.5560

Mr. Frank Prackler
Harold I. Pepper Co., Inc.
181 South Franklin Ave., Suite 218
Valley Stream, NY 11581

RE: The tariff classification of a backpack with various items from China.

Dear Mr. Prackler:

In your letter dated June 28th, 2001, you requested a ruling on behalf of Monarch Luggage Co., Inc. on tariff classification.

The sample submitted with your request is identified as sk# 44120 30567. The item is a backpack that is imported and packed for retail with the following items: a calculator with battery, scissors, ball point pens, pencils, a utility knife, a plastic ruler, staples, a stapler, a tape dispenser with tape, a staple remover, push pins, paper clips, and a pencil sharpener. The items are not considered a set and are to be separately classified. The backpack has an exterior surface of textile material of man-made fibers and a bottom panel of suede leather. A zippered closure secures both the opening for the central compartment and the pocket on the front exterior of the bag.

The applicable subheading for the backpack will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bagsbackpacks. The general rate of duty will be 18.3 percent ad valorem.

The applicable subheading for the utility knife will be 8211.93.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades, other (including parts). The general rate of duty will be 3 cents each + 5.4 percent ad valorem.

The applicable subheading for the staples in strips will be 8305.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for staples in strips. The general rate of duty will be free.

The applicable subheading for the staple remover will be 8205.59.5560, Harmonized Tariff Schedule of the United States (HTS), which provides for other handtools (including glass cutters) and parts thereof, other (including parts). The general rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the scissors will be 8213.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for scissors, tailors' shears and similar shears, and blades and other base metal parts thereof, valued not over $1.75/dozen. The general rate of duty will be 1.7¢ each + 4.3 percent ad valorem.

The applicable subheading for the paper clips will be 8305.90.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for paper clips, and parts thereof, wholly of wire. The general rate of duty will be free.

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, letter openers, erasing knives, pencil sharpeners (nonmechanical) and blades and other parts thereof. The general rate of duty will be .3 cents each + 4.2 percent ad valorem.

The applicable subheading for the pencils will be 9609.10.0000, HTS, which provides for pencils (other than those pencils of heading 9608), crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors’ chalkspencils 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 ball point pens will be 9608.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

The applicable subheading for the push pens will be 7319.30.5010, Harmonized Tariff Schedule of the United States (HTS), which provides for push pins. The rate of duty will be free.

The applicable subheading for the transparent adhesive tape with the dispenser will be 3919.10.2030, HTS, which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plasticsin rolls of a width not exceeding 20 centimeters: transparent tape, not exceeding 55 meters in length: not exceeding 5 centimeters in width. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the ruler will be 9017.80.0000, HTS, which provides for other instruments for measuring length, for use in the hand. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the calculator and battery 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 electric power. The rate of duty will be free.

The applicable subheading for the eraser, if composed of synthetic rubber, will be 4016.92.0000, which provides for other articles of vulcanized rubber other than hard rubber, erasers. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the eraser, if composed of plastic, will be 3926.10.0000, HTS, which provides for other articles of plastics, office or school supplies. The rate of duty will be 5.3 percent ad valorem.

Items classifiable under HTS subheading 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of China are currently subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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