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NY H83656




July 17, 2001

CLA-2-48:RR:NC:2:234 H83656

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2050, 4820.10.2010, 8470.10.0040, 9105.11.80, 8513.10.4000, 9608.10.0000

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

RE: The tariff classification of “Executive Sets” from China.

Dear Mr. Prackler:

In your letter dated June 28, 2001, on behalf of your client, Monarch Luggage Co., Inc., New York City, you requested a tariff classification ruling for five (5) articles. Two of them, “Soft-side Briefcase Gift Set” and “Classroom in a Box”, will be the subject of a separate ruling. Samples of the three (3) articles discussed below were submitted, and will be retained for reference.

Classification of article “Deluxe Executive Set”, SKU#44120 30417, involves issues which are currently pending resolution by the U.S.Court of Appeals for the Federal Circuit, on remand from the U.S. Supreme Court, case #99-1434. Pursuant to Section 177.7(b) of the Customs Regulations (19 C.F.R. 177.7(b)), we are unable to issue a ruling at this time, for this article.

Article “CEO Accessory Set”, SKU#44120 30716, is a boxed set of 7 components, of which not all “meet a (single) particular need, or carry out a (single) specific activity.” Consequently this article will not be considered for tariff purposes to be “goods put up in sets for retail sale”; the components will each be separately classifiable.

These are: a Journal/Planner, a Pocket Notebook, a Telephone/Address book, an Electronic Databank/Calculator, a Folding Travel Clock, a Personal Clip Light, and an Elegant Pen Set (consisting of 2 pens).

Classification of the Journal/Planner involves the issues which are presently before the court, as discussed above, and a ruling will not be issued for this article at this time.

The applicable subheading for the Pocket Notebook will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for: Diaries, notebooks and address books, (of paper or paperboard) bound: Other (than Diaries and address books). The rate of duty will be 1.2 percent ad valorem.

The applicable subheading for the Telephone/Address Book will be 4820.10.2010, HTS, which provides for: Diaries, notebooks and address books (of paper or paperboard) bound: Diaries and address books. The rate of duty will be 1.2 percent ad valorem.

The applicable subheading for the Electronic Databank/Calculator will be 8470.10.0040, HTS, which provides for: Calculating machines: Electronic calculators capable of operation without an external source of electric power..: Other (than Display only). The rate of duty will be Free.

The applicable subheading for the Folding Travel Clock will be 9105.11.80, HTS, which provides for: Other (than certain specified) clocks: Alarm clocks: Electrically operated: Other (than with opto-electronic display only). The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

The applicable subheading for the Personal Clip Light will be 8513.10.4000, HTS, which provides for: Portable electric lamps designed to function by their own source of energy: Lamps: Other (than flashlights). The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the Elegant Pen Set of two pens, will be 9608.10.0000, HTS, which provides for: Ball point pens. The rate of duty will be 0.8 cents each pen, plus 5.4 percent ad valorem.

With regard to Article “Executive Set”, SKU#44120 30417, consisting of a Multi-Purpose Organizer, a DeLuxe Big Display Calculator, and an Elegant Pen Set, we will need additional information, in order to rule on its classification. Please furnish a certified value or cost for each of the three components. When this information is available, you may re-submit it as part of a separate letter/request for ruling. Be assured that such request will be given immediate attention.

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 Carl Abramowitz at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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