The tariff classification of a stationery kit from China

NY B85913 June 6, 1997 CLA-2-960:RR:NC:MM:113 B85913 CATEGORY: Classification TARIFF NO.: 9609.10.0000 Mr. Robert Whelan Alpha International 40 Parker Road, Suite 201 Elizabeth, NJ 07207 RE: The tariff classification of a stationery kit from China Dear Mr. Whelan: In your letter dated May 22, 1997, on behalf of Mundi/Westport you requested a tariff classification ruling. The merchandise is a stationery kit (style #606A-1) containing 1 pencil, 1 tape measure, 1 plastic ruler, 1 roll of transparent tape, 1 highlighter marker, 1 box of staples, 1 rubber eraser, 1 stapler, and 1 pair of scissors in a fitted, zippered, plastic case. In the opinion of this office, the kit is a set, packaged for retail sale, with no one item providing an essential character. The items are manufactured in China and are merely repacked into a set in Hong Kong.  The applicable subheading for the stationery kit will be 9609.10.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for pencils, crayons, pencil leads, pastels, drawing charcoals, writing or drawing chalks and tailors' chalks, pencils and crayons, with leads encased in a rigid sheath. The duty rate will be 14 cents per gross [pieces in the set] plus 4.3 percent ad valorem. Pencils from China may be subject to additional antidumping duties. Before importation we recommend you contact: Office of Antidumping Investigations Import Administration International Trade Administration U.S. Department of Commerce 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 Your inquiry also requests the individual classifications of the contents of the set. In its condition as imported, this does not affect the classification of the set. A copy of the instructions regarding ruling requests containing more than 5 items is attached. 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 Swierupski Chief, Metals and Machinery Branch National Commodity Specialist Division