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NY K84495

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April 2, 2004
CLA-2-82:RR:NC:N1:113 K84495

CATEGORY: CLASSIFICATION

TARIFF NO.: 8211.93.0030; 8214.20.3000; 3924.90.5500; 4202.92.4500; 9615.11.1000; 9615.11.3000; 9105.11.80

Ms. Jeanne Berg
AFI California
2381 Rosecrans Avenue, #100
El Segundo, CA 90245

RE: The tariff classification of a travel accessory kit from China

Dear Ms. Berg:

In your letter dated March 19, 2004, on behalf of Living Things Mfg. Co., you requested a tariff classification ruling.

The sample you submitted is a travel accessory kit (item number 4). The kit consists of two travel bags designed to contain toiletries and other personal effects during travel. They are manufactured with an exterior surface of polyvinyl chloride (PVC) sheeting. Both bags measure approximately 11 inches wide by 6 inches high by 2 inches thick, and are secured by means of top zippered closures. Inside the clear bag are 2 empty, plastic, snap-top bottles, 1 empty, plastic toothbrush holder, 1 plastic comb, 1 travel clock, 1 pair of nail clippers, and 1 wine bottle opener, consisting of a corkscrew, bottle opener, and foil cutter. The travel clock is a battery powered quartz analog clock with an alarm feature. There are no jewels in the movement. The nail clippers and wine bottle opener are made of base metal. The second travel bag is empty. Both the empty bag and the bag filled with articles will be imported together, retail packaged for sale.

You request classification of this product under subheading 9605.00.0000, Harmonized Tariff Schedule of the United States (HTS) covering travel sets for personal toilet, sewing or shoe or clothes cleaning (other than manicure or pedicure sets of heading 8214). The travel clock is not an item for personal toilet, sewing or shoe or clothes cleaning, therefore, the traveling accessory kit is precluded from classification in subheading 9605.00.0000. Each article in the kit will be treated separately for tariff purposes.

The applicable subheading for the 2 plastic travel bags 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 rate of duty will be 20 percent ad valorem.

The applicable subheading for the plastic toothbrush holder and bottles will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for other household articles and toilet articles, of plastics, other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the plastic comb, if valued not over $4.50 per gross, will be 9615.11.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the like, of hard rubber or plastics, combs, valued not over $4.50 per gross. The rate of duty will be 14.4 cents per gross plus 2 percent ad valorem.

The applicable subheading for the plastic comb, if valued over $4.50 per gross, will be 9615.11.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for combs, hair-slides and the like, of hard rubber or plastics, combs, valued over $4.50 per gross, other. The rate of duty will be 28.8 cents per gross plus 4.6 percent ad valorem.

The applicable subheading for the travel alarm clock will be 9105.11.80, Harmonized Tariff Schedule of the United States (HTS), which provides for other clocks, alarm clocks, electrically operated, other. The rate of duty will be 30 cents each plus 6.9 percent ad valorem on the case plus 5.3 percent ad valorem on the battery.

The applicable subheading for the nail clippers will be 8214.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for manicure or pedicure sets and instruments, cuticle or cornknives, cuticle pushers, nail files, nailcleaners, nail nippers and clippers, all the foregoing used for manicure or pedicure purposes, and parts thereof. The rate of duty will be 4 percent ad valorem. The applicable subheading for the combination corkscrew, bottle opener, and foil cutter will be 8211.93.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for knives having other than fixed blades, pen knives, pocket knives and other knives which have folding blades. The rate of duty will be 3 cents each plus 5.4 percent ad valorem.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 3924.90.55 - Household articles and toilet articles, nesoi, of plastics
• Tariff No.: 4202.92.45 - Travel, sports and similar bags with outer surface of plastic sheeting
• Tariff No.: 8211.93.00 - Knives having other than fixed blades
• Tariff No.: 8214.20.30 - Base metal instruments for manicure or pedicure purposes, and base metal parts thereof
• Tariff No.: 9105.11.80 - Alarm clocks nesoi, electrically operated, other than with opto-electronic display only
• Tariff No.: 9605.00.00 - Travel sets for personal toilet, sewing, shoe or clothes cleaning (o/than manicure and pedicure sets of 8214)
• Tariff No.: 9615.11.10 - Combs, of hard rubber or plastics, valued n/o $4.50 per gross
• Tariff No.: 9615.11.30 - Combs, of plastics, valued over $4.50 per gross