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NY K86994




June 29, 2004
CLA-2-42:RR:NC:TA:341 K86994

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Mr. Donald S. Stein
Greenberg Traurig, LLP
800 Connecticut Ave., N.W. Suite 500
Washing ton, DC 20006

RE: The tariff classification of a travel pouch with school supplies from China.

Dear Mr. Stein:

In your letter dated June 8, 2004, on behalf of Bic USA Inc. (“Bic”), you requested a tariff classification ruling for a travel pouch with school supplies.

The sample submitted is identified as “Bic Stationary Set”. You have indicated that the item has no style number and is identified by Bic as UPC product code #70330-80101. The item consists of a travel bag of transparent polyvinyl chloride (PVC) sheeting on which there is an image of 3 Disney princesses, 2 pencils, 1 ruler, 1 eraser, 1 pencil sharpener, and 1 pad of paper. The items are a set of school supplies dedicated to writing. All components contain images of the Disney princesses or images associated with the princesses. The travel pouch measures approximately 9”(W) x 4”(H). The items will be imported packed ready for retail sale as a set. For classification purposes the items are considered to be a set and will be classified accordingly (GRI-3 (b) noted). The travel pouch will impart the essential character of the set. Your sample is being returned as requested.

The applicable subheading for the travel pouch with school supplies as a set 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.

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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