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NY 802870




October 24, 1994

CLA-2-49:S:N:N8:234 802870

CATEGORY: CLASSIFICATION

TARIFF NO.: 4901.99.0093

Mr. James Shaw
LEP Profit International, Inc.
111 Pavonia Avenue, 14th floor
Jersey City, NJ 07310

RE: The tariff classification of quiz books and electronic answer pens, from France; sets; GRI 3.

Dear Mr. Shaw:

In your letter dated October 3, 1994, on behalf of Sterling Publishing Co., Inc., you requested a tariff classification ruling.

The goods in question are printed "BipQuiz" books and electronic "BipPens." Samples were submitted and will be returned as requested.

The "BipQuiz" sample, devoted to the subject of "Weather & Seasons," is a 56-page paperbound book measuring 4" x 5 1/2". One of a series on various topics, it contains 100 illustrated questions, each of which is followed by three possible answers. A large black dot appears next to each answer, but only the dot corresponding to the correct response is printed with electrolytic ink. The front cover of the book advises, "Check your answers with the electronic `BipPen'," and further instructions on how to do so are printed inside.

The "BipPen" is a hand-held electronic device which, when pressed onto any "correct" dot, will flash a green light and emit a discontinuous beep. A red light and continuous beep will ensue when an "incorrect" dot is pressed.

New York Ruling 898552, which was issued to you on June 29, 1994, dealt with the classification of the "BipPens" alone. At that time, you believed that the books would be imported separately or would be a product of the United States. You now indicate, however, that your client has decided to import the merchandise in the following different ways:

1. Four books and one pen mounted on a board and shrink-wrapped.

2. One book and one pen. (packaged, we presume, as a set.)

3. Counter display with books only.

4. Book alone for shelf display.

With reference to General Rule of Interpretation 3(b), Harmonized Tariff Schedule of the United States (HTS), we find that the book/pen combinations are "sets," and that their essential character is imparted by the book(s). The book contains all the information, whereas the pen is merely a tool which enables the user to "access" or verify the printed answers. Accordingly, the applicable subheading for the books and book/pen combinations in all of the above-listed packing arrangements will be 4901.99.0093, HTS, which provides for other (than certain enumerated) printed books, containing 49 or more pages each. The rate of duty will be free.

We note that the back of the title page of the sample book is marked, "Printed and bound in France." However, the back cover of the book is marked "Sterling Publishing Co., Inc., New York." The latter triggers the requirements of 19 CFR 134.46, meaning that "Printed in France" must also appear in close proximity to that marking.

Also, please bear in mind that, in the case of shrink-wrapped sets, the country of origin information must be clearly visible upon casual examination of the sealed package. If two countries are involved, each must be indicated (e.g., via a label on the shrink-wrap reading, "Book printed in France; Pen made in China").

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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