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NY J84903




May 30, 2003

CLA-2-48:RR:NC:SP:234 J84903

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.6600; 4820.10.2010; 4820.10.2020; 9609.10.0000; 4202.92.4500

Mr. David Engel
American Studio Designs, Ltd.
12 Havemeyer Place
Greenwich, CT 06830

RE: The tariff classification of various desk accessories packed in a plastic tote bag, from China.

Dear Mr. Engel:

In your letter dated May 15, 2003, you requested a tariff classification ruling.

A sample identified as a #61408 “Desktop Glamour Set” was submitted for our examination. It consists of a number of items put up together for retail sale in a plastic tote bag. Although the items in the bag relate to appointing one’s desk to facilitate writing activities, the bag itself is a generic carry bag, not fitted for a particular purpose; it is suitable for independent use. For that reason, the various items comprising product #61408 will not be considered “goods put up in sets for retail sale” for tariff purposes, and will therefore be classified separately. The individual items are listed below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), duty rate, and tariff description.

A design-printed, plastic-coated paperboard box, open at the top, suitable for use as a desktop receptacle for pencils and the like. The item measures about 4½” x 2¼” x 3¼”(H), and its front panel incorporates a small “window” that will accommodate a photo for display. 4823.90.6600/ 0.6%. (Other articles of coated paper or paperboard)

A 2½” x 3¾” hardbound address book with alphabetically tabbed pages. 4820.10.2010/ 0.4%. (Diaries and address books, bound, of paper or paperboard)

A 3½” x 4½” paper note pad. 4820.10.2020/ 0.4%. (Memorandum pads, letter pads and similar articles, of paper or paperboard)

A 3¾” x 5½” hardbound “journal” with blank, ruled pages. 4820.10.2010/ 0.4%. (Diaries and address books, bound, of paper or paperboard)

2 pencils. 9609.10.0000/ 14 cents per gross + 4.3%. (Pencils and crayons, with leads encased in a wooden sheath.) [Note: The pencils may be subject to antidumping duties. A list of AD 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 rulings issued by Customs.]

A tote bag, made of clear PVC plastic sheeting, in which all of the above items are packed. It has a flat, 2½” x 6½” rectangular bottom, and is about 9” high. The top incorporates two snaps for closing the bag and dual, heart-shaped plastic carrying handles. 4202.92.4500/ 20%. (Travel, sports and similar bags, with outer surface of sheeting of plastic, other)

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 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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