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NY K89637




October 7, 2004

CLA-2-48:RR:NC:SP:234 K89637

CATEGORY: CLASSIFICATION

TARIFF NO.: 4811.90.9000; 4817.10.0000; 4820.10.2010; 9608.10.0000; 7326.20.0070; 4202.22.4500

Mr. Ned H. Marshak
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, New York 10022-4877

RE: The tariff classification of a “stationery gift set” from China.

Dear Mr. Marshak:

In your letter dated September 24, 2004, you requested a tariff classification ruling on behalf of Dan Dee International Ltd.

A sample described as a “stationery gift set,” style Y401170-1, was submitted for our examination and is being returned to you as requested. This style was previously ruled upon in NY K87833 (August 10, 2004), but its composition has since been altered: the upper portion of the shoe-shaped bag now consists of cotton fabric rather than man-made fabric, and an address book has taken the place of the notebook. The present ruling reflects these changes, and applies to the product as it is now described.

Style Y401170-1 consists of a group of articles that, you advise, will be imported in the retail packaging in which the set will be sold to the ultimate consumer. We find, however, that this “stationery gift set” is a collection of items that do not all relate to a single particular need or specific activity. They therefore do not constitute “goods put up in sets for retail sale,” meaning that the individual components must be classified separately. Accordingly, we are listing the components of the product below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), immediately followed by the duty rate and tariff description.

Product Y401170-1

Ten loose, 6¾” x 9½” sheets of uncoated writing paper having design-printed borders. 4811.90.9000/ Free. (Other surface-decorated or printed paper.)

Five design-printed paper envelopes. 4817.10.0000/ Free. (Envelopes of paper.)

A 2¾” x 3¾” address book consisting of alphabetically tabbed paper pages (with blank spaces captioned for the entry of names, addresses and telephone numbers) permanently bound between paperboard covers. 4820.10.2010/ Free. (Diaries and address books, bound, of paper or paperboard.)

A ballpoint pen. 9608.10.0000/ 0.8 cents each + 5.4%. (Ball point pens.)

A miniature notebook/key ring. This is a 1-3/8” x 2” notebook attached by a short chain to a split ring. 7326.20.0070/ 3.9%. (Other articles of iron or steel wire.)

An article described as a “shoe shaped bag”. The shoe shaped bag is a novelty zippered purse in the shape and appearance of a child’s sneaker. It is made-up of an upper of textile materials, said to be of 100% cotton fibers, not pile or tufted. The lower portion is of a fabric consisting of a woven fabric backed cellular plastic sheeting. The cellular plastics make up the exterior surface constituent material of the lower half. The upper and lower constituent materials equally impart the character of a sneaker; therefore each component possesses equal importance. 4202.22.4500/ 6.3%. (Handbags, of textile materials, with outer surface of textile materials, other, of vegetable fibers and not of tufted or pile construction, of cotton.) [This item falls within textile category 369. Based upon international textile trade agreements, products of China are not currently subject to quota and the requirement of a visa.]

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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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