The tariff classification of pocket organizers (memo pads) and ball point pens from China and Taiwan.

NY 811485 June 22, 1995 CLA-2-48:S:N3:234 811485 CATEGORY: Classification TARIFF NO.: 4820.10.2020; 9608.10.0000 Mr. Mark Stein Custom Direct, Inc. Park Eighty West, Plaza Two, Suite 200 Saddle Brook, NJ 07662 RE: The tariff classification of pocket organizers (memo pads) and ball point pens from China and Taiwan. Dear Mr. Stein: In your letters dated June 9 and 15, 1995, you requested a tariff classification ruling. Samples were submitted and will be retained for reference. Item 1 is identified as a "2-piece pocket sized organizer set," individually packaged in a poly bag. The first component of this set is a textile-reinforced vinyl folder ("checkbook style cover"), approximately 3 3/4" x 6 1/2" when closed, incorporating interior pockets and a pen loop. Slipped into one of the interior pockets is the second component, a 2 1/2" x 6" blank paper memo pad. The applicable subheading for the "2-piece pocket sized organizer set" 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 3.6%. Item 2 is a metal ball point pen, individually packaged in a poly bag. You state that the pens will be shipped to the United States within the same export cartons as the organizers, but each in its own poly bag and on separate commercial invoices. Since the organizers and pens in this situation would have to be repacked in order to constitute "goods put up in sets for retail sale," they will be classified separately. The applicable subheading for the pens will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cents each + 5.4%. We note that the samples are not marked with their country of origin. Upon importation into the United States, the goods will be required to be so marked, legibly and in a conspicuous place. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. Sincerely, Jean F. Maguire Area Director New York Seaport