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HQ 960764




October 7, 1997

CLA-2 RR:CR:TE 960764 GGD

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010

Advance Shipping Company, Incorporated
30 Vesey Street, Room 1705
New York, New York 10007

RE: Revocation of Headquarters Ruling Letter (HQ) 950984; Heading 4820; Diaries; Agendas; Address Books; Inserted Bound Components; HQ 953413 (March 29, 1993)

Dear Sir:

In HQ 950984, issued January 27, 1992, this office classified an article described as an "Agenda Book" in subheading 4820.10.4000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Registers...diaries and similar articles: Other [than bound]." We have reviewed that ruling and have found it to be in error. Therefore, this ruling revokes HQ 950984.

Pursuant to section 625(c)(1), Tariff Act of 1930 (19 U.S.C. 1625(c)(1)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186 (1993), notice of the proposed revocation of HQ 950984, was published on August 27, 1997, in the Customs Bulletin, Volume 31, Number 35.

FACTS:

At the time HQ 950984 was issued, the sample was referred to as an "Agenda Book" consisting of an imitation leather cover, a memorandum pad, an address book, and a ball point pen. The article was of bifold construction which, when closed, measured -2-
approximately 4-1/4 inches by 6-1/4 inches by 1 inch. The address book and memorandum pad were secured by the insertion of their backings into sleeves in the sides and center of the cover.

ISSUE:

Whether the fact that bound components - one of which is intended to store addresses - are inserted into the interior sleeves or pockets of a binder, precludes classification of the entire article as a bound address book or bound diary in subheading 4820.10.2010, HTSUSA.

LAW AND ANALYSIS:

Classification under the HTSUS is made in accordance with the General Rules of Interpretation (GRI). GRI 1 provides that the classification of goods shall be determined according to the terms of the headings of the tariff schedule and any relative Section or Chapter Notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRI may then be applied. The Explanatory Notes (EN) to the Harmonized Commodity Description and Coding System, which represent the official interpretation of the tariff at the international level, facilitate classification under the HTSUS by offering guidance in understanding the scope of the headings and GRI.

Chapter 48, HTSUS, covers paper and paperboard; articles of paper pulp, of paper or of paperboard. Among other merchandise, heading 4820, HTSUS, covers notebooks, letter pads, memorandum pads, diaries and similar articles, binders (looseleaf or other), folders, etc. The EN to heading 4820 indicate that "[t]he goods of this heading may be bound with materials other than paper (e.g., leather, plastics or textile material) and have reinforcements or fittings of metal, plastics, etc." The "Agenda Book" is covered by heading 4820, HTSUS.

The "Agenda Book" at issue includes an address book. In HQ 953413, issued March 29, 1993, this office confronted the issue of whether certain agendas, diaries, and address books - in which bound components are slipped into interior slots or pockets - are properly classified as bound diaries and address books. HQ 953413 modified HQ 951736, issued September 17, 1992, which had incorrectly held that "since the subject planner/calendars and address books slip into pockets within the covers, Customs does not consider the articles bound." With respect to that erroneous holding, we stated in HQ 953413, that: -3-

Upon review, we find that to be an inaccurate statement. An article that is otherwise bound does not become "unbound" merely by virtue of being inserted into a slot of a folder.

HQ 951736 was thereby modified and the merchandise was held to be properly classified in subheading 4820.10.2010, HTSUSA. From early 1993 to the present, Customs has consistently held that similar goods with inserted bound components are classified in the provision for bound diaries and address books. In light of the foregoing, we find that the "Agenda Book" is properly classified as a bound diary in subheading 4820.10.2010, HTSUSA.

There are a small number of aberrant rulings in addition to HQ 950984, in which comparable goods having inserted components have been erroneously classified in subheading 4820.10.4000, HTSUSA. See HQ 089960, issued February 10, 1992, HQ 951076, issued March 18, 1992, and HQ 088791, issued March 19, 1992. Action is being taken to modify or revoke those rulings as well.

HOLDING:

The article identified as an "Agenda Book" is classified in subheading 4820.10.2010, HTSUSA, which provides for "Registers... diaries and similar articles: Diaries, notebooks and address books, bound..., Diaries and address books." The general column one duty rate is 2.8 percent ad valorem.

HQ 950984, issued January 27, 1992, is hereby revoked.

In accordance with section 625, this ruling will become effective 60 days from its publication in the Customs Bulletin. Publication of rulings or decisions pursuant to section 625 does not constitute a change of practice or position in accordance with section 177.10(c)(1), Customs Regulations (19 CFR

Sincerely,


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