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NY K83395





March 4, 2004
CLA-2-42:RR:NC:TA:341 K83395

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500; 4202.99.9000; 4202.92.3031; 9609.10.0000; 4820.10.2050

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Ave. N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a tote bag, CD case, zippered pouch, pencils and a notebook from Taiwan.

Dear Mr. Morse:

In your letter dated February 17, 2004, on behalf of Meijer Distribution, you requested a classification ruling.

The sample submitted, identified as item 492-57010 “C’Lavie Gift Set”, consists of a tote bag of clear PVC, metal CD case, zippered pouch of man-made fiber textile material, two cased pencils and a spiral bound note book. You have indicated that the above items will be sold at retail sale as a gift set. However, for classification purposes the items are not considered to be a set. Each item will be separately classified. Your samples are being returned as requested.

The applicable subheading for the tote bag of PVC will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the metal CD case will be 4202.99.9000, HTS, which provides in part, for other bags and containers, other, other, other. The duty rate will be 20 percent ad valorem.

The applicable subheading for the zippered pouch of nylon will be 4202.92.3031, HTS, which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 17.6 percent ad valorem.

HTS 4202.92.3031 falls within textile category designation 670. Based upon international textile trade agreements products of Taiwan are not currently subject to quota and the requirement of a visa.

The applicable subheading for the pencils will be 9609.10.0000, HTS, which provides for pencil and crayons, with leads encased in a rigid sheath. The duty rate will be 14 cents/gross plus 4.3 percent ad valorem.

The applicable subheading for the notebook will be 4820.10.2050, HTS, which provides for notebooks of paper or paperboard. The duty rate 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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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