The tariff classification of a note pad, pen, and packet of candy put up together in a plastic holder, from China.

NY G86855 February 22, 2001 CLA-2-48:RR:NC:SP:234 G86855 CATEGORY: Classification TARIFF NO.: 4820.10.2020; 9608.10.0000; 1704.90.3550; 9801.00.1097; 3926.10.0000 Ms. Erma Tarkington Fritz Companies 806 Airpark Center Dr. Nashville, TN 37217 RE: The tariff classification of a note pad, pen, and packet of candy put up together in a plastic holder, from China. Dear Ms. Tarkington: In your letter dated February 7, 2001, you requested a tariff classification ruling on behalf of your client, The Aim Group. A sample identified as Item #6214 was submitted and is being returned to you as requested. It consists of a reusable plastic holder containing a note pad, pen, and a packet of candy. The note pad consists of a quantity of 4½” x 6½” sheets of paper, spiral-bound between paperboard covers along the top edge. The sheets of the sample are totally blank, but you state that those of the actual imported version will be ruled. The pen is of the ballpoint variety, with a plastic body measuring 3¾” in length. It features a retractable tip activated by twisting the barrel. The candy is presented in the form of a sealed, one-ounce packet of “Jelly Belly”® jellybeans, which are said to contain sugar, corn syrup, modified food starch and various flavorings. The packet of candy is said to be of U.S. origin. The plastic holder is a folder resembling a book cover. It measures approximately 5” x 7” in the closed position, and has a snap closure. The interior incorporates a pocket into which the back cover of the note pad has been slipped. Riveted to the inside of the spine, like the page of a book, is a two-compartment plastic pouch. The pen and the packet of candy have been placed in the pouch’s respective compartments, each of which has a flap closure.  For tariff purposes, the components of this product do not constitute either a “composite good” or “goods put up in sets for retail sale.” Therefore, each item will be classified separately. The applicable subheading for the note pad 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 1.2%. The applicable subheading for the pen will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cent each + 5.4%. The applicable subheading for the packet of jellybeans will be 1704.90.3550, HTS, which provides for sugar confectionery (including white chocolate), not containing cocoa…other (than certain enumerated) confections or sweetmeats ready for consumption: put up for retail sale. The rate of duty will be 5.6%. Alternatively, upon compliance with section 10.1 of the Customs Regulations (19 CFR 10.1), the jellybeans may be entered under subheading 9801.00.1097, HTS, which provides for other (than certain enumerated) products of the United States when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means while abroad. The rate of duty will be free. The applicable subheading for the plastic folder with self-contained pouch will be 3926.10.0000, which provides for other (than certain enumerated) articles of plastics and articles of other materials of headings 3901 to 3914: office or school supplies. The rate of duty will be 5.3%. Additional requirements may be imposed on the imported merchandise by the Food and Drug Administration (FDA). You may contact that agency at the following location: Food & Drug Administration Implementation & Compliance Branch HFF 314, 200 C Street, SW Washington, D.C. 20204 Tel.: (202) 205-5321 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 212-637-7060 Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division