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NY I86981




October 18, 2002

CLA-2-96:RR:NC:2:224 I86981

CATEGORY: CLASSIFICATION

TARIFF NO.: 3304.10.0000; 3926.10.0000;
4016.92.0000; 4820.10.2020;
7117.90.7500; 8214.10.0000;
9017.80.0000; 9609.10.0000;
9611.00.0000

Ms. Jenny Davenport
Wal  Mart Stores, Inc.
Mail Stop # 0410-L-32
601 N. Walton
Bentonville, AR 72716-0410

RE: The tariff classification of a Chick Easter Organizer from China.

Dear Ms. Davenport:

In your letter dated October 3, 2002, you requested a tariff classification ruling.

You are requesting the tariff classification on an item that is described as an Easter Chick Organizer, style 063. The product will not be classified as a festive article rather the items in the organizer must be separately classified. The organizer is a plastic tray in the shape of a chick holding the following: 1 pencil sharpener, 1 mini ruler, 2 pencils, 1 notepad, 1 swirl lip-gloss tub, 2 flower erasers, 2 letter bracelets, 1 roller stamp and 2 flat stamps. The sample will be returned, as requested.

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 rate of duty will be 0.3 cents each + 4.2 % ad valorem.

The applicable subheading for the mini ruler will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS) which provides for other instruments for measuring length for use in the hand. The rate of duty will be 5.3 % ad valorem.

The applicable subheading for the pencils 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 + 4.3 % ad valorem.

The applicable subheading for the notepad will be 4820.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles...memorandum pads, letter pads and similar articles. The rate of duty will be 0.8 % ad valorem.

The applicable subheading for the lip-gloss tub will be 3304.10.0000, Harmonized Tariff Schedule of the United States (HTS) which provides for lip make-up preparations. The rate of duty will be free.

The applicable subheading for the erasers, if composed of rubber, will be 4016.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber, erasers. The rate of duty will be 4.2 % ad valorem.

The applicable subheading for the erasers, if composed of plastic, will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, office or school supplies. The rate of duty will be 5.3 % ad valorem.

The applicable subheading for the 2 letter bracelets will be 7117.90.7500, Harmonized Tariff Schedule of the United States (HTS), which provides for imitation jewelry: other: valued over 20 cents per dozen pieces or parts: of plastics. The rate of duty will be free.

The applicable subheading for 1 roller stamper and 2 flat stamps will be 9611.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for date, sealing or numbering stamps and the like...designed for operating in the hand; hand-operated composing sticks and hand printing sets incorporating such composing sticks. The rate of duty will be 2.7 % ad valorem.

Perfumery, cosmetic and toiletry products are subject to the requirements of the Food and Drug Cosmetic Act, which is administered by the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857.

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.

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 Tom McKenna at 646-733-3025.

Sincerely,

Robert B. Swierupski
Director,

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