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June 25, 1999

CLA-2-48:RR:NC:2:234 E83601

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
Counselors at Law
One Astor Plaza, 1515 Broadway
New York, N.Y. 10036-8901

RE: The tariff classification of a diary/agenda, from China

Dear Ms. Wierbicki:

In your letter dated June 18, 1999, on behalf of your client, Avon Products, Inc., New York, N.Y., you requested a tariff classification ruling. A sample was submitted, which you have asked to be returned.

The sample is designated, “August Conference Agenda”-#PP194831. It is described in detail, as follows: “A rectangular shaped diary/agenda, consisting of a loose leaf booklet of various sections which include: a calendar with separate monthly and weekly sections; a section for financial notations; “Projects” section; and an address book. The booklet measures, approximately, 4” wide by 6 ¾” long by ½” thick, and is inserted into a metal (6) ring binder, riveted into the spine of the agenda jacket.”

“The jacket closes by means of a snap flap, measuring, approximately, 1 ¾” wide and has an exterior surface constructed of 100 percent polyvinyl chloride (“PVC”) material with a grained texture. The right interior side of the jacket features two full pockets spanning the length of the jacket, as well as two credit card/ID pockets; at the top outer seam is a loop in which to hold a writing utensil.”

“The left interior side features one full pocket spanning the length of the jacket, three credit card/ID pockets and one identification pocket with a clear PVC window measuring, approximately, 3 ½” wide and 2” high, in which is housed a calculator (imported and packaged for retail sale with the Agenda) which measures, approximately, 3 3/8” wide by 2 1/8” tall by 1/8” deep. When closed, the booklet with its jacket, measure approximately 5 ½” wide by 7 ½” long by 1 ¼” deep.”

This article is considered to be “goods put up in sets for retail sale”, within the scope of General Rule of Interpretation (GRI) 3 (b), Harmonized Tariff Schedule of the United States (HTS), and derives its essential character from the bound paper book component.

Accordingly, the applicable subheading for the “August Conference Agenda” will be 4820.10.2010, HTS, which provides for: Diaries and address books, bound, of paper or paperboard. The rate of duty will be 2 percent ad valorem.

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

A copy of the ruling 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 the ruling, contact National Import Specialist Carl Abramowitz, at 212-637-7060.

Sincerely,

Robert B. Swierupski
Director,

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