HQ 083262: Classification of an All-In-One Organizer

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 083262

                                    July 26, 1989

          CLA-2 CO:R:C:G 083262 JLJ, 833671

          CATEGORY: Classification

          TARIFF NO.: 4202.32.10; 4202.32.20

          Mr. Len Kreusler
          Kreusler International Services, Inc.
          P.O. Box 66379, AMF O'Hare
          Chicago, Illinois 60666

          RE:  Classification of an All-In-One Organizer

          Dear Mr. Kreusler:

               You requested a tariff classification for an All-In-One
          Organizer made in China.  You submitted a sample along with your
          request.

          FACTS:

               We assume that the All-In-One Organizer is imported and sold
          as a set, since it comes packaged in a box for retail sale.  It
          consists of a telephone and address book of paper, a memorandum
          pad of paper, a ballpoint pen and a wrap-around container with an
          outer surface of plastic, to which two plastic card or picture
          holders containing a paper identification card and a 1988
          calendar are attached, all packaged in a cardboard box.  The
          organizer is of a size which will be carried in a pocket or a
          handbag.

          ISSUE:

               What is the classification of the All-In-One Organizer under
          the Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA)?

          LAW AND ANALYSIS:

               General Rule of Interpretation (GRI) 3(b), HTSUSA, states
          that 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 for GRI 3(b),
          HTSUSA, define the term "goods put up in sets for retail sale" to
          mean goods which:















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                     (1) consist of at least two different
                         articles which are, prima facie,
                         classifiable in different headings,

                     (2) consist of products or articles
                         put up together to meet a
                         particular need or carry out a
                         specific activity, and

                     (3) are put up in a manner suitable
                         for sale directly to users without
                         repacking (e.g., in boxes or cases
                         or on boards).

               The instant organizer includes a memorandum pad of paper
          which, if imported separately, would be classified under the
          provision for memorandum pads, letter pads and similar articles,
          in subheading 4820.10.20, HTSUSA.  It also contains a ballpoint
          pen which, if imported separately, would be classified under the
          eo nomine provision for ballpoint pens in subheading 9608.10.00,
          HTSUSA.  The first factor is met in that there are at least two
          articles which are classified in different headings.

               The next element of retail sets is also present in that the
          articles are all intended to help the owner to organize his
          activities--i.e., a telephone and address book, a memorandum pad,
          a pen with which to write addresses and notes, a calendar, an
          identification card and a wrap-around container with card
          or picture holders.

               The third and final element of retail sets is also present
          in that the All-In-One Organizer is packed in a box for retail
          sale.

               The next question to be determined is the essential
          character of the set.  The Explanatory Notes state that a set's
          essential character may be determined by the nature of the
          component, its bulk, quantity, weight or value, or by the role of
          a constituent material in relation to the use of the goods.
          Clearly the only applicable criterion here is the role of the
          component article in relation to the overall purpose of the set.
          Viewed in this light, it is clear that the essential character of
          the set is determined by the wrap-around container (with card/
          picture holders) which  packages the set in a convenient form and
          pulls all the components together.

               If the outer surface of the wrap-around container is of
          reinforced or laminated plastic, it is classifiable under the
          provision for wallets...and similar containers...: articles of a
          kind normally carried in the pocket or in the handbag: with outer











                                         -3-


          surface of plastic sheeting: of reinforced or laminated plastics,
          in subheading 4202.32.10, HTSUSA, dutiable at the general rate of
          4.6 percent ad valorem plus 12.1 cents per kilogram.  If the
          outer surface of the wrap-around container is of other than
          reinforced or laminated plastics, it is classifiable in the
          provision for such articles with outer surface of plastic
          sheeting: other, in subheading 4202.32.20, HTSUSA, dutiable at
          the rate of 20 percent ad valorem.

          HOLDING:

               The All-In-One Organizer is a set put up for retail sale.
          Its essential character lies in its wrap-around container.  It is
          classified in subheading 4202.32.10, HTSUSA, or in subheading
          4202.32.20, HTSUSA, depending upon the type of plastic on the
          outer surface of the wrap-around container.

                                        Sincerely,
          s



                                        John Durant, Director
                                        Commercial Rulings Division





































          6cc: A.D., N.Y. Seaport (NIS-234 and NIS-341)
          JLJohnson:tj:typed 07/14/89