CLA-2-42:RR:NC:N3:341 H80474
Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
RE: The tariff classification of backpacks, pads of paper, vinyl coated metal paper clips, plastic clips, plastic clothes pins, plastic rings, rubber bands, plastic clip board, and felt tip pens from China.
Dear Ms. Aldinger:
In your letter dated April 26, 2001, you requested a ruling on tariff classification.
The samples submitted with your request are identified as “Cordura Dome Back Pack,” Rite Aid item #996981. The item will be imported in a boy’s style and girl’s style. The girl’s style is a backpack made of textile material of man-made fibers. There is a zippered main compartment with a zippered pocket on the front exterior that contains a pad of paper, plastic clip board, and two felt tip pens. Each item is to be classified separately, as they are not considered a set.
The boy’s style a backpack made of textile material of man-made fibers. The bag features a central compartment and two zippered pockets on the front exterior that are made of clear sheeting of plastic. The inside of the larger pocket contains the following items: a pad of paper, vinyl coated metal paper clips, plastic clips, plastic clothes pins, plastic rings, and rubber bands. Two felt tip pens are placed inside the smaller pocket. Each item is to be classified separately, as they are not considered a set.
The applicable subheading for the backpacks will be 4202.92.3020, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports, and similar bags…backpacks. The general rate of duty will be 18.3 percent ad valorem.
The applicable subheading for felt tip pens will be 9608.20.0000, HTS, which provides for felt tipped and other porous-tipped pens and markers. The general rate of duty will be 4 percent ad valorem.
The applicable subheading for the plastic clip board and plastic rings will be 3926.10.0000, HTS, which provides for other articles of plastics and articles of other materials of headings 3901 to 3914, office or school supplies. The general rate of duty will be 5.3 percent ad valorem.
The applicable subheading for the pad of paper will be 4820.10.2020, HTS, which provides for memorandum pads, letter pads, and similar articles of paper. The general rate of duty will be 1.2 percent ad valorem.
The applicable subheading for the vinyl covered paperclips will be 8305.90.3010, HTS, which provides for paperclips, and parts thereof, wholly of wire. The general rate of duty will be free.
The applicable subheading for the plastic spring type clothes pins will be 3926.90.6550, HTS, which provides for clothespins, spring type, valued over $1.70 per gross. The general rate of duty will be 4.2 percent ad valorem.
The applicable subheading for rubber bands (if made of natural rubber) will be 4016.99.3500, HTS, which provides for other articles of vulcanized rubber other than hard rubber…of natural rubber, other. The general rate of duty will be free .
The applicable subheading for the rubber bands (if made of synthetic rubber) will be 4016.99.6050, HTS, which provides for other articles of vulcanized rubber other than hard rubber…other. The general rate of duty will be 2.5 percent ad valorem.
The applicable subheading for the metal spring clips will be 8308.90.9000, HTS, which provides for clasps, frames with clasps, buckles, buckle clasps, hooks, eyes, eyelets and the like and parts thereof, of base metal, of a kind used for clothing, footwear, awnings, handbags, travel goods or other madeup articles; tubular or bifurcated rivets of base metal; beads and spangles of base metal…other. The general rate of duty will be 2.7 percent ad valorem.
Items classifiable under HTS subheading 4202.92.3020 fall within textile category designation 670. Based upon international textile trade agreements products of China are 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 U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.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 Kevin Gorman at 212-637-7091.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division