The tariff classification of a Pocket Art Kit from Hong Kong

NY H88685 March 15, 2002 CLA-2-62:RR:NC:3:353 H88685 CATEGORY: Classification TARIFF NO.: 6217.10.9510 Mr. Abraham Velasquez Charles M. Schayer & Co. 8330 Hindry Avenue Los Angeles, CA 90045 RE: The tariff classification of a Pocket Art Kit from Hong Kong Dear Mr. Velasquez: In your letter dated February 18, 2002, on behalf of Pic-Kit Inc., you requested a classification ruling. The sample will be returned as you requested. The submitted sample is called a Pocket Art Kit. It consists of three woven cotton fabric pockets, five markers and one bottle of glue, all packaged for retail sale. An individual uses the kit by drawing a design on the pocket with the markers, applying a thin layer of glue to the side and bottom edges of the pocket, and attaching the pocket to an article of clothing. The completed pocket is machine washable. GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material component which gives them their essential character.” In this case, the pocket is the medium that is decorated and affixed to a garment for permanent display. The pocket imparts the essential character of the set. The applicable subheading for the Pocket Art Kit will be 6217.10.9510, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other: Other, Of cotton.” The duty rate will be 14.8% ad valorem. The Pocket Art Kit falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment. 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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division