HQ 087529: Classification of pocket agenda

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 087529

                                    October 5, 1990




            CLA-2 CO:R:C:G  087529 DRR

            CATEGORY:  Classification

            TARIFF NO.: 4202.32.2000

            Mr. Walter Cline
            J. Cortina, Inc.
            501 E. Jackson St.
            Room 304
            P.O. Box 603
            Tampa, Florida 33601

            Re:  Classification of pocket agenda

            Dear Mr. Cline:

                 This is in response to your letter dated June 7, 1990,
            requesting, on behalf of The Time Inc. Magazine Co., the
            classification of a pocket agenda from Taiwan under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue consists of a polyvinyl chloride
            folder containing a ball point pen, a note pad and a telephone
            and address book.  It is approximately three inches by four
            inches when closed.  You state in your letter that the item is
            designed to be carried in the pocket or purse.

            ISSUE:

                 What is the proper classification of the item at issue?

            LAW AND ANALYSIS:

                 Classification under the HTSUSA is in accordance with the
            General Rules of Interpretation (GRI).  GRI 1 provides that
            classification is determined first in accordance with the
            terms of the headings of the tariff and any relative section
            and chapter notes.















                                          -2-


                 In light of the fact that the pocket agenda is made up of
            different elements, a folder, a pen, a note pad and telephone
            and address book, individually provided for, it cannot be
            classified on the basis of GRI 1 alone.  However, goods which
            are prima facie classifiable under two or more headings are
            classified in accordance with the provisions of GRI 3.  When,
            as in the instant case, those headings each refer to only part
            of the materials contained in sets, they are treated as
            equally specific and classified pursuant to GRI 3(b).

                 The Explanatory Notes to the HTSUSA may be consulted for
            guidance as to the correct international interpretation of the
            various HTSUSA provisions.  The Explanatory Notes for GRI 3(b)
            state that the goods put up in sets for retail sale are those
            which consist of at least two different articles which are
            classifiable in different headings; consist of products or
            articles put up together to meet a particular need or carry
            out a specific activity; and are put up in a manner suitable
            for sale directly to users without repacking.

                 Containers or holders such as the folder at issue raise a
            question as to the relevance of the container or holder to the
            set.  If the holder, when considered together with the other
            articles does not meet a particular need or carry out a
            specific activity in relation to those items, it is regarded
            as a disparate article and may thereby cause the set to fail.
            A strict interpretation of the criteria under paragraph (X)(b)
            of the Explanatory Notes pertaining to sets would in effect
            nullify the utilization of GRI 3(b) in most instances where
            the components of a set are imported in a container or holder.
            Such goods would therefore be classified individually under
            the appropriate headings of the tariff schedule.

                 We are of the opinion that the classification of goods
            under GRI 3(b) is intended to include sets whether or not they
            are imported in holders or containers.  We find support for
            our position in the Explanatory Notes to Rule 3(b), paragraph
            (X), which presents examples such as a drawing kit contained
            in a pouch, and a hairdressing kit in a leather case,
            classifiable as sets for the purposes of GRI 3(b), thereby
            indicating that the presence of a carrying case or pouch does
            not cause the goods to fail to qualify as a set.



















                                          -3-


                 In the instant case, the folder is intended to be used
            with its contents to carry out a specific activity, i.e.,
            writing.  The folder serves a particular need to the extent
            that it is used to organize and store the other items so that
            they will be readily available when needed.  The folder and
            its contents are therefore a set for purposes of GRI 3.

                 Having determined that the items are a set, we must next
            determine the essential character in order to classify the
            item under GRI 3(b).  According to GRI 3(b), goods put up in
            sets for retail sale, shall be classified as if they consisted
            of the material or component which gives them their essential
            character.  The Explanatory Notes state that "the factor which
            determines essential character will vary as between different
            kinds of goods.  It may, for example, be determined by the
            nature of the material or component, its bulk, quantity,
            weight or value, or by the role of a constituent material in
            relation to the use of the goods.  The folder is central to
            the function and intended purpose of the goods and therefore
            provides the essential character.

            HOLDING:

                 The folder, pen, note pad and telephone/address book are
            classified as a set under subheading 4202.32.2000, HTSUSA, as
            other articles of a kind normally carried in the pocket or
            handbag with an outer surface of plastic sheeting, with a duty
            rate of 20 percent ad valorem.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, to obtain the most current information available, we
            suggest that you check, close to the time of shipment, the
            Status Report On Current Import Quotas (Restraint Levels), an
            internal issuance of the U.S. Customs Service, which is
            available for inspection at your local Customs office.






















                                          -4-


                 Due to the changeable nature of the statistical
            annotation
            and the restraint (quota/visa) categories applicable to
            textile merchandise, you should contact your local Customs
            office prior to importation of this merchandise to determine
            the current status of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division















































            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            087026