The tariff classification of a pencil case from China
Issued January 7, 2011 by U.S. Customs and Border Protection.
Tariff classification
HTS codes: 4202.32.2000
Headings: 4202
Product description
The item is a pencil case constructed of 100% polypropylene (PP) plastic sheeting. The case slides open and secures with a plastic snap closure. The interior compartment is designed to provide storage, protection, and organization to pencils, pens, and other writing instruments. It measures approximately 3” (W) x 7.5” (L) x 1” (D). In your letter, you suggest classification under subheading 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, office or school supplies. Classification within Heading 3926 is subject to Chapter 39, legal note 2(m), which excludes from Chapter 39 goods that are described in heading 4202. The pencil case is described in Heading 4202, and as such, is excluded from classification in Heading 3926.
CBP rationale
The applicable subheading for the pencil case will be 4202.32.2000, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, other.
Full text
N137020 January 7, 2011 CLA-2-42:OT:RR:NC:N4:441 CATEGORY: Classification TARIFF NO.: 4202.32.2000 Denise Young-Sang Office Depot 6600 North Military Trail Boca Raton, FL 33496 RE: The tariff classification of a pencil case from China Dear Ms. Young-Sang: In your letter dated December 3, 2010, you requested a tariff classification ruling. Your sample will be returned to you. A style number was not provided for the sample submitted. The item is a pencil case constructed of 100% polypropylene (PP) plastic sheeting. The case slides open and secures with a plastic snap closure. The interior compartment is designed to provide storage, protection, and organization to pencils, pens, and other writing instruments. It measures approximately 3” (W) x 7.5” (L) x 1” (D). In your letter, you suggest classification under subheading 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics, office or school supplies. Classification within Heading 3926 is subject to Chapter 39, legal note 2(m), which excludes from Chapter 39 goods that are described in heading 4202. The pencil case is described in Heading 4202, and as such, is excluded from classification in Heading 3926. The applicable subheading for the pencil case will be 4202.32.2000, HTSUS, which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, other. The rate of duty will be 20% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Vikki Lazaro at (646) 733-3041. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division
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