CLA-2-48:RR:NC:SP:234 I86373

Ms. Terri Ursery
Garden Ridge, LLP
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of gift sets containing stationery and other items, from China.

Dear Ms. Ursery:

In your letter dated September 6, 2002, you requested a tariff classification ruling.

Samples of two shrink-wrapped “gift sets” were submitted and are being returned to you as requested. Since the various items included in the respective “sets” do not all relate to a single need or activity, they cannot be considered “goods put up in sets for retail sale” for purposes of tariff classification. Therefore, the individual items will be classified separately. The contents of the “gift sets” are listed below, with each item immediately followed by its applicable subheading and duty rate in the Harmonized Tariff Schedule of the United States (HTS).

Style PA1745 (“small trunk gift set”):

Loose-leaf photo album containing plastic-sleeve pages capable of holding 60 4” x 6” photos. 3924.90.5500/ 3.4% (Other household articles of plastics).

A photo frame, of coated paperboard, that will display a 4” x 6” photo. 4823.90.6600/ 1.1% (Other articles of coated paper or paperboard).

10 rectangular sheets (6” x 8”) of design-printed writing paper. 4811.90.9000/ 1.1% (Other surface-decorated or printed paper in rectangular sheets).

10 paper envelopes. 4817.10.0000/ 0.8% (Envelopes of paper or paperboard). 2 pencils. 9609.10.0000/ 14 cents per gross + 4.3% (pencils and crayons, with leads encased in a rigid sheath). (Note: The pencils may be subject to antidumping duties. A list of AD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W., Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification rulings issued by Customs.)

Design-printed, coated-paperboard “mini trunk box” that contains all of the above items. The box, which measures about 8” x 11” x 4½”(H) and features metal handles and corner reinforcements, is suitable for storage of miscellaneous household items. 4823.90.6600/ 1.1% (Other articles of coated paper or paperboard).

* * *

Style PA1713 (identified in your letter as a “fruit basket gift set,” but labeled “planter basket gift set”):

Spiral-bound paper address book, with blank, alphabetically-tabbed pages captioned for entries of names, addresses and telephone numbers. 4820.10.2010/ 0.8% (Diaries and address books, bound, of paper or paperboard).

Spiral-bound paper journal with blank, ruled pages. 4820.10.2010/0.8% (Diaries and address books, bound, of paper or paperboard).

8 folded paper “note cards,” completely blank except for a lithographically printed picture on the face of each. 4911.91.2040/ 2.6 cents per kilogram (Other lithographs on paper or paperboard, not over 0.51 mm in thickness).

12 rectangular (6” x 8”) sheets of design-printed writing paper. 4811.90.9000/ 1.1% (Other surface-decorated or printed paper in rectangular sheets).

20 paper envelopes. 4817.10.0000/ 0.8% (Envelopes of paper or paperboard).

A round, iron wire basket that contains all of the above items. It is about 12” in diameter by 7” high, and is suitable for multipurpose household use. 7323.99.9060/ 3.4% (Table, kitchen or other household articles and parts thereof, of iron or steel…Other).

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,
National Commodity Specialist Division