NY D81883

September 17, 1998

CLA-2-42:RR:NC:TA:341 D81883

CATEGORY: Classification

TARIFF NO.: 4202.92.9026

Ms. Ann Vietello

Etienne Aigner, Inc.

47 Brunswick Ave.

Edison, NJ 08818-3111

RE: The tariff classification of Stationary Kits from China.

Dear Ms. Vietello:

In your letter dated August 28, 1998, you requested a

classification ruling for Stationary Kits.

You have request a tariff classification decision for four

articles described as stationary kits. You have submitted samples

of styles identified as numbers JLZ 599A and JLZ 599D.

Styles number JLZ 599A and JLZ 599D each consists of a

zippered case manufactured of 100 percent man-made textile

materials. The case is specially shaped and fitted to contain

various stationary articles, is of the kind normally sold at retail

with the contents and is designed for long term use. The case

and the contents together form a whole which would not normally be

offered for sale in separate parts and the case is not of a kind

normally sold without the contents.

Style JLZ 599A is fitted with: 1. a 4\" plastic ruler, 2. a

hand held stapler, 3. a metal tip plastic handle scissor. It is

also fitted with a loop for a pen which is not included as

presented to the Customs Service.

Style JLZ 599D is fitted with: 1. a 6\" plastic ruler, 2. a

hand held stapler, 3. a metal tip/plastic handle scissor, 4. a

cutter with plastic handle, 5. a credit card sized calculator with

battery, 6. a plastic keychain with a spring loaded measuring tape

of metal and plastic, 7. one box each of staples and metal paper

clips. It is also fitted with a loop for a pen which is not

included as presented.

A substantially similar article had been previously

determined by the Office of Regulations and Rulings, Customs

Headquarters, to be classified within General Rule of

Interpretation 3(b) as a set with the fitted case imparting the

essential character. Customs decision HQ 957618, March 1, 1995, is

noted.

The applicable subheading for the fitted cases with contents

will be 4202.92.9026, Harmonized Tariff Schedule of the United

States (HTS), which provides for other bags and containers, with

outer surface of textile materials, other, other, of man-made

fibers. The duty rate will be 19 percent ad valorem.

This office is unable to provide a ruling decision for the two

remaining styles for which samples have not been submitted. If a

ruling decision is desired, please resubmit your request with

samples and a breakdown by value showing separate cost of the case

and component.

Items classifiable under 4202.92.9026 fall within textile

category designation 670. Based upon international textile trade

agreements products of China are subject to quota and the

requirement of a visa.

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. Part

categories are the result of international bilateral agreements

which are subject to frequent renegotiations and changes. To

obtain the most current information available, we suggest that you

check, close to the time of shipment, the Status Report on Current

Import Quotas (Restraint Levels), an internal issuance of the U.S.

Customs Service, which is available for inspection at your local

Customs office.

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 212-466-5893.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division