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NY M85783




September 8, 2006

CLA-2-48:RR:NC:SP:234 M85783

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.50.0000; 9503.70.0000; 8203.20.6030

Ms. Evi Binder
Westrim Crafts
P.O. Box 7381
Van Nuys, CA 91409-7381

RE: The tariff classification of a scrapbook kit, a jewelry making kit, and a tool kit, from China.

Dear Ms. Binder:

In your letter dated August 9, 2006, you requested a tariff classification ruling. Four samples were submitted for our examination.

The “Fun Times Scrapbook Kit” (Item FR72110) consists of a small album and decorative accessories packed together in a retail cellophane package. The album consists of numerous 4¾” x 5½” sheets of blank white heavyweight paper spiral-bound between paperboard covers. The accessories, intended for decorating the album, are a sheet of die-cut, pressure-sensitive, printed paper stickers and a number of loose, colored-paper shapes. For tariff classification purposes, the kit will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the album.

Accordingly, the applicable subheading for the complete “Fun Times Scrapbook Kit” (FR72110) will be 4820.50.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for albums for samples or for collections, of paper or paperboard. The rate of duty will be Free.

The “Super Starter Jewelry Kit” (Item PC105M) consists of the following items put up together for retail sale in a plastic tote: a 12½” x 9” flocked plastic “bead board” (tray with recesses), a pair of round-nose pliers, a pair of long-nose pliers, 30 needles, 15 feet of jewelry wire, 10 metal lobster claws (jewelry findings), 40 metal crimp beads, 4 metal toggle clasps, assorted glass beads, and an instruction sheet. The kit is said to enable the user to make 9 or more pieces of jewelry.

The applicable subheading for the complete “Super Starter Jewelry Kit” (PC105M) will be 9503.70.0000, HTSUS, which provides for other toys, put up in sets or outfits, and parts and accessories thereof. The rate of duty will be Free.

The “Large Tote Bag Tool Set” (Item PC105) consists of the following items put up together for retail sale in a plastic tote: 3 pairs of pliers (bent-nose, round-nose and long-nose), a 9” x 12” flocked plastic bead board (recessed tray), a 6½” x 8½” plastic bead tray incorporating two corner funnels, 5 yards of stretchy rubber illusion cord, a spool of nylon beading thread, 5 big-eye needles and 30 other assorted needles. It appears that the items are intended for use together in support of jewelry making activity. For tariff classification purposes, the kit will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the pliers.

The applicable subheading for the complete “Large Tote Bag Tool Set” (PC105) will be 8203.20.6030, HTSUS, which provides for pliers. The rate of duty will be 12 cents per dozen + 5.5%.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Even though the nylon beading thread is included as a constituent part of the “Large Tote Bag Tool Set” for classification purposes, it still falls within textile category 200. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, 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. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Your inquiry does not contain sufficient information for us to rule on the fourth sample, identified as a “12 x 12 Post Bound Album / All Occasion Scrapbook Kit” (Item # 25883). If you wish to pursue a ruling on this product, please resubmit the sample together with a value breakdown showing separate costs for each of the components in the kit. The breakdown must include separate costs for the album itself and all individual accessories, i.e., paper sheets, paper labels, plastic stickers, ribbons, etc. The breakdown must also show a separate cost for the paperboard scrapbook cover and for the plastic sheet protectors. In addition, we note that the kit includes 10 sheet protectors, which hold a total of 20 pages, as well as 36 sheets of paper. Please explain why there appear to be more accessories in the kit than would be used to complete the scrapbook album. If you decide to resubmit your request on this product, please include a copy of this letter with your submission.

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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