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NY J82937




April 8, 2003

CLA-2-96:RR:NC:SP:233 J82937

CATEGORY: CLASSIFICATION

TARIFF NO.: 5808.10.7000; 5404.90.0000; 3926.90.4000; 3926.90.3500; 9603.30.4000; 3213.90.0000; 3920.49.0000; 3506.10.5000; 4901.99.0092

Ms. Peggy Lewicki
Naito Design Intl. Co. Ltd.
900 Livingston Avenue
North Brunswick, NJ 08902

RE: The tariff classification of “Everyday Bag Components” from Taiwan.

Dear Ms. Lewicki:

In your letter dated March 10, 2003, you requested a tariff classification ruling.

The submitted sample, “Everyday Bag Components,” consists of a polybag containing the following items:

1 12” long purple rick rack braid ribbon made of nylon 1 18” long black PVC lanyard round plastic gemstones heart shaped plastic gemstones star shaped plastic beads
1 black paint brush valued at 10 cents
1 tube glitter glue
2 Artflex rectangular shaped PVC transparent sheets 1 tube protective sealer play guide (instruction booklet)

The components will be imported into the United States to be assembled with the “Everyday Kolor Bag” and sold as a craft kit.

The Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term “goods put up in sets for retail sale” means goods that: (a) consist of at least two 2 different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking.

The “Everyday Bag Components” kit is not considered to be a set for tariff classification purposes since the components are not put up in a manner suitable for sale directly to users without repacking. Therefore, the contents must be classified separately. You indicated in a phone conversation that the sheet contains less than 5 percent of plasticizers.

Your sample is being returned as requested.

The applicable subheading for the purple rick rack braid ribbon will be 5808.10.7000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other braids in the piece, of cotton or man-made fibers.” The rate of duty will be 7.5% ad valorem.

The applicable subheading for the lanyard will be 5404.90.0000, HTS, which provides for “Synthetic monofilamentstrip and the likeof synthetic textile materials of an apparent width not exceeding 5 mm: Other.” The rate of duty will be 0.5% ad valorem.

The applicable subheading for the round and heart shaped plastic gemstones will be 3926.90.4000, HTS, which provides for “Other articles of plastics Other: Imitation gemstones.” The rate of duty will be 2.8% ad valorem.

The applicable subheading for the star shaped plastic beads will be 3926.90.3500, HTS, which provides for “Other articles of plastics Other: Beads, bugles and spangles, not strung (except temporarily) and not set; articles thereof, not elsewhere specified or included: Other.” The rate of duty will be 6.5% ad valorem.

The applicable subheading for the paint brush will be 9603.30.4000, HTS, which provides for “Artists’ brushes, writing brushes and similar brushes for the application of cosmetics: Valued over 5 cents but not over 10 cents each.” The rate of duty will be free.

The applicable subheading for the glitter glue will be 3213.90.0000, HTS, which provides for “Artists’, students’ or signboard painters’ colors, modifying tints, amusement colors and the like, in tablets, tubes, jars, bottles, pains or in similar forms or packings: Other.” The rate of duty will be 3.4% ad valorem.

The applicable subheading for the Artflex PVC sheets will be 3920.49.0000, HTS, which provides for “Other plates, sheets, film, foil and strip, of plastics, noncellular and not reinforced, laminated, supported or similarly combined with other materials: Of polymers of vinyl chloride: Other.” The rate of duty will be 5.8% ad valorem.

The applicable subheading for the protective sealer will be 3506.10.5000, HTS, which provides for “Other products suitable for use as glues or adhesives, put up for retail sale as glues or adhesives, not exceeding a net weight of 1 kg.” The rate of duty will be 2.1% ad valorem.

The applicable subheading for the play guide (instruction booklet) will be 4901.99.0092, HTS, which provides for “Other (than certain specified kinds of printed books): Containing 5 or more pages each but not more than 48 pages each (excluding covers).” The rate of duty will be free.

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 Lawrence Mushinske at 646-733-3036.

Sincerely,

Robert B. Swierupski
Director,

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