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NY J82328




March 24, 2003

CLA-2-83:RR:NC:N1:113 J82328

CATEGORY: CLASSIFICATION

TARIFF NO.: 8305.90.3010

Mr. Eric Sherman
OfficeMax
Logistics Department
3605 Warrensville Center Road
Shaker Heights, OH 44122

RE: The tariff classification of an office supply pack from China.

Dear Mr. Sherman:

In your letter dated March 17, 2003, you requested a ruling on tariff classification.

The sample you provided is item OM-CP6, consisting of three plastic boxes containing 250 push pins, 30 binder clips and 150 vinyl paper clips. In your letter, you remark that you believe that the item should be classified under heading 8305.90.3050, HTS, under GRI 3 (c) as it has no essential character. For purposes of GRI 3, classification may made “according to the component, or components taken together, [emphasis supplied] which can be regarded as conferring on the set as a whole its essential character.” In this case, the binder clips and the paper clips are both classifiable, at the six-digit level, under heading 8305.90, HTS. As components taken together, they provide most of the bulk and value to the set. Statistical breakouts, however, are not subject to the rules of relative specificity. In our opinion, the stat suffix as shown, is correct.

In a telephone conversation, you expressed concern whether this product is subject to antidumping duties or countervailing duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

The applicable subheading for this product will 8305.90.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for paper clips of base metal and parts thereof, wholly of wire. The general rate of duty will be percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director

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