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NY 862294


APR 19 1991

CLA-2-49:S:N1:234 862294

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.99.6000; 9505.90.4000; 9902.71.13

Ms. Judith S. Mann
Capital Design, Inc.
225 Newman Avenue
East Providence, Rhode Island 02916

RE: The tariff classification and marking requirements for printed matter and confetti from China.

Dear Ms. Mann:

In your letter dated April 10, 1991, you requested a tariff classification and marking ruling.

Samples of five types of "giveaway action devices" for the direct mail industry were submitted and will be retained for reference. They are described as inexpensive items used in promotional mailings to help increase response rates and entice consumers into opening their mail. All of the printed content of the articles is said to be done by a lithographic process.

Article "A" is a small packet containing confetti as well as a coin-like, pressure-sensitive paperboard disk printed with words and symbols identifying it as a "lucky sweepstakes coin" associated with a particular contest.

The applicable subheading for the printed paperboard "coin" will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed matter, printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.4%.

The confetti portion of Article "A" will be separately classifiable in subheading 9505.90.4000, HTS, which provides for confetti, paper spirals or streamers, party favors and noisemakers. The rate of duty will be 4%. Note, however, that if the confetti portion is valued not over 5 cents per packet, the rate of duty will be free under subheading 9902.71.13, HTS. (The latter provides for a temporary suspension of duty, effective through 12/31/92, for certain articles meeting the specified value criterion.)

Article "B" is a packet of several printed 1 1/2 x 1 1/2 inch slips of paper which are rolled up and banded so as to resemble miniature scrolls. The samples of these items, referred to as "Roll-Ups," bear cryptic printed "messages" usually consisting of a single word and/or number.

Article "C" ("Gift Box") is very similar to "B," except that the "Roll-Ups" are in a packet that is printed to resemble a gift box.

Article "D" ("The Car") is also similar to "B," but consists of only one "Roll-Up in a packet that is printed to look like an automobile.

Article "E" ("Plastic Luggage") consists of a tiny plastic throwaway suitcase which opens to reveal a slip of paper printed with the word "yes."
The applicable subheading for articles "B," "C," "D" and "E" will be 4911.99.6000, HTS, which provides for other (non- enumerated) printed matter, printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.4%.

Your company expects to import the subject articles in cardboard trays, each of which will contain approximately 50 to 75 packets. The trays will be sent to mailing houses throughout the United States so that each packet may be enclosed in a mailing package to the general consumer. You ask whether it would suffice to stamp each tray with the words, "Made in China," rather than marking each individual packet.

Customs has held that imported articles to be distributed in the United States without charge are subject to the marking requirements of 19 U.S.C. 1304, and that the recipients of such articles are considered to be the "ultimate purchasers." Therefore, the recipients must be informed of the country of origin.

Accordingly, the "giveaway" packets described above must be individually marked with their country of origin.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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