CLA-2-96:RR:NC:MM:113 C88743

9017.80.0000; 8214.10.0000; 4820.10.2020;
4202.12.2085; 4016.92.0000; 3926.10.0000

Ms. Nohemy Valdivieso
Nohemy Customs Broker, Inc.
11222 La Cienega Boulevard, Suite 135
Inglewood, CA 90304

RE: The tariff classification of a stationery kit from Taiwan

Dear Ms. Valdivieso:

In your letter dated May 19, 1998, on behalf of Pecoware Company, Inc., you requested a tariff classification ruling.

The merchandise is called the Medium Super Star Set. It is an assortment of stationery items for children packed in a fitted packer tray and inserted in an envelope style plastic carry case. The kit includes 1 mechanical pencil, pencil lead refills, 1 pencil, 1 plastic ruler, 1 pencil sharpener, 1 small memo pad, and 1 heart-shaped eraser. You do not specify whether the eraser is made of plastic or rubber. The Super Star Set is decorated with pictures of pink bows, hearts, ballet shoes, and kittens. Each item will be treated separately for tariff classification purposes.

The applicable subheading for the mechanical pencil will be 9608.40.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for propelling or sliding pencils (for example, mechanical pencils), other. The rate of duty will be 0.7 percent ad valorem. The applicable subheading for the pencil lead will be 9609.20.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencil leads, black or colored, not over 1.5 mm. in maximum cross sectional dimension. The rate of duty will be free.

The applicable subheading for the pencil will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14 cents per gross plus 4.3 percent ad valorem.

The applicable subheading for the ruler will be 9017.80.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for instruments for measuring length, for use in the hand, other instruments. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the sharpener will be 8214.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for paper knives...pencil sharpeners (nonmechanical) and blades and other parts thereof. The rate of duty will be 0.3 cents each plus 4.6 percent ad valorem.

The applicable subheading for the memo pad will be 4820.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for memorandum pads, letter pads and similar articles, of paper or paperboard. The rate of duty will be 2.4 percent ad valorem.

The applicable subheading for the carry case will be 4202.12.2085, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of plastics, other, other. The rate of duty will be 20 percent ad valorem.

The applicable subheading for the eraser, if made of rubber, will be 4016.92.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of vulcanized rubber other than hard rubber...erasers. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the eraser, if made of plastic, will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics...office or school supplies. The rate of duty will be 5.3 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 James Smyth at 212-466-2084.

Sincerely,

Robert B. Swierupski
Director
National Commodity
Specialist Division