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NY 804725




December 7, 1994

CLA-2-48:S:N8:234 804725

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.6500

Mr. Lawrence R. Pilon
Hodes & Pilon
33 North Dearborn, Suite 2204
Chicago, Illinois 60602-3109

RE: The tariff classification of a promotional ringing telephone card presenter, of paper or paperboard, from China.

Dear Mr. Pilon:

In your letter dated November 28, 1994, on behalf of your client, Key Industries, Inc, you requested a tariff classification ruling.

Samples were submitted, which will be retained for reference. They are small paper or paperboard folders, which measure, in closed condition, 4 1/2 inches by 2 7/8 inches. They are unprinted, except for country of origin marking, "Made in China" in the lower right-hand cornerr of the rear outside panel. The paper or paperboard of which they are made is stated to be coated with enamel.

When the front panel is opened, a concealed pre-programmed digital integrated circuit is activated, causing the card to begin to ring as if it were a telephone. Closing the folder stops the ringing. Inside the folder, on the face which covers the integrated circuit, four diagonal slots are cut, into which is intended to be inserted, after importation, the four corners of a card advertising a telephone service, or a pre paid long distance telephone card.

The folders, to which you refer as "promotional ringing telephone card presenters", will be used as a promotional tool to market and sell pre-paid long distance telephone cards. Your client anticipates that the consumer will remove the long distance telephone card and dispose of the ringing telephone card presenter, the merchandise of this inquiry.

The presenter is not durably manufactured, and is not expected to be kept by the consumer after the initial novelty of the product is discovered. Neither the circuit used, nor the paper or paperboard construction of the product are meant for long time or consistent use.

The applicable subheading for the ringing telephone card presenter will be 4823.90.6500, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than certain enumerated articles, of coated paper or paperboard). The rate of duty will be 5.6 percent.

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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