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B 81017

January 13, 1997

CLA-2-48:RR:NC:2:234 B 81017

CATEGORY: CLASSIFICATION

TARIFF NO.: 4823.90.5000

Mr. Peter Geise
Areco North America
2 Draper Street
Woburn, Massachusetts 01801

RE: The tariff classification of printed "fancards" of paperboard, from China.

Dear Mr. Geise:

In your letters dated December 13, 1996, and January 6, 1997, you requested a tariff classification ruling. A sample was submitted, which will be retained for reference.

The sample is a patented paperboard construct (U.S. Patent 5,387,084). In its compact, folded, condition, it is a flat rectangular container of paperboard measuring 4 3/16" x 2 5/8", which contains within it paperboard "leaves" which may be partially withdrawn, unfolded, spread and temporarily attached to each other and to the container.

When so withdrawn and attached, the leaves become a "hand fan", used or usable to create a cooling breeze. In such use, the container serves as the handle of the fan.

The product is printed with an advertisement for a particular brand of beverage. You advise: "The idea is to sell these fancards for companies to use as a premium give away to customers. Advertising".

The sample is marked, "Made in USA". The imported merchandise which it represents, made in China, will be required to be similarly marked, "Made in China".

The applicable subheading for this product will be 4823.90.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than certain enumerated) articles of paper or paperboard: Hand fans. The rate of duty will be 11.9 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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733. Sincerely,

Gwenn Klein Kirschner

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