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NY M86394




September 29, 2006

CLA-2-48:RR:NC:SP:234 M86394

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010; 3924.90.5500; 4202.92.3031

Ms. Gladys Diaz
Raia International
One Industrial Plaza Bldg. # D
Valley Stream, NY 11581

RE: The tariff classification of a “gift set” consisting of a diary, a photo album and a tote bag, from China.

Dear Ms. Diaz:

In your letter dated August 29, 2006, you requested a tariff classification ruling on behalf of Enchante Accessories, Inc.

A sample labeled as a style JCG-760 “gift set” was submitted for our examination and is being returned to you as requested. It consists of a textile fabric bag containing a journal (diary) and a photo album. The bag, which measures approximately 4” x 10” x 8”(H), is a shopping style tote bag of man-made (polyester) fibers. The journal is a cloth-covered, hardbound diary containing numerous blank, ruled paper pages measuring approximately 5” x 7”. The photo album consists of numerous plastic-pocket pages permanently bound between cloth-covered wood-fiberboard covers. It is designed to hold 200 4” x 6” photos.

Since the three items serve different needs or activities, they will not be regarded for tariff purposes as “goods put up in sets for retail sale,” and will therefore be classified separately.

The applicable subheading for the journal will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for diaries and address books, bound, of paper or paperboard. The rate of duty will be Free.

The applicable subheading for the photo album will be 3924.90.5500, HTSUS, which provides for other household articles and toilet articles, of plastics. The rate of duty will be 3.4%.

The applicable subheading for the tote bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6%.

The tote bag falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on 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.

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/.

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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