CLA-2-83:OT:RR:E:NC:N1:121

Ms. Malanie Geier
OfficeMax Inc.
263 Shumna Blvd.
Naperville, IL 60563

RE: The tariff classification of a desk organizer and a pencil cup from China

Dear Ms. Geier:

In your letter dated September 18, 2008, you requested a tariff classification ruling.

The merchandise under consideration is described as a “Wood and Hole Punched Metal Desk Organizer” and a “Wood and Hole Punched Metal Pencil Cup.” The desk organizer consists of 83 percent base metal and 17 percent wood by weight. The wood forms the base and the perforated sheet metal forms the sides and compartments. The organizer measures 15.2 cm long by 15.2 cm wide by 11.5 cm high and is designed to hold papers, files, memo pads, etc. The pencil cup consists of 85 percent base metal and 15 percent wood by weight. The wood forms the base and the perforated metal forms the sides. It measures 11.4 cm in diameter and 16.5 cm in height.

The applicable subheading for the desk organizer and pencil cup will be 8304.00.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for desk-top filing or card-index cabinets, paper trays, paper rests, pen trays, office-stamp stands and similar office or desk equipment and parts thereof, of base metal, other than office furniture of heading 9403. The duty rate will be 3.9 percent ad valorem.

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/.

Your inquiry does not provide enough information for us to give a classification ruling on the phone stand, the laptop stand and the computer monitor stand. Your request for a classification ruling should include a sample and detailed description of the monitor stand (does it provide storage for other articles? If so, please explain) and a breakdown by weight of the types of metal that are included in each stand. When this information is available, you may wish to consider resubmission of your request. We are returning any related exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Barbara Kaiser at (646) 733-3024.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division