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NY E87833




October 22, 1999

CLA-2-39:RR:NC:SP:222 E87833

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Ginny Poyer
Atico International,USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of photo albums from China.

Dear Ms. Poyer:

In your letter dated September 29, 1999, you requested a classification ruling.

You have submitted five samples of photo albums.

Item #C59A0149 is a photo album made of cardboard and covered with fabric. The album contains two rings with 50 plastic sheets. This album is designed to store 4” x 6” photographs. The album measures approximately 6-1/2 inches in length by approximately 6-1/2 inches wide.

Item #C59A0151 is a photo album composed of cardboard that has been covered with fabric. This two-ring binder has a metal frame for inserting a picture on the front cover. It contains 50 plastic sheets that hold 4” x 6” photographs. The album measures approximately 6-1/2 inches in length by approximately 6-1/2 inches in width.

Item #C59A0152 is a fabric covered cardboard album. It measures approximately 13 inches long by approximately 8-1/2 inches wide. The three-ring album is designed with a metal frame for inserting a picture on the front cover. This album contains 50 plastic sheets that hold 4” x 6” photographs.

Item #C59A0150 is a three-ring album composed of cardboard that has been covered with fabric. It measures approximately 13 inches long and approximately 8-1/2 inches wide. The album contains 50 plastic sheets to store 4” x 6” photographs.

Item #C59A0192 is a photo storage box. It is composed of cardboard that has been partially covered with fabric. The photo storage box measures 11” long by 7-1/2” wide by 4-1/2” high. This storage box contains a photo album and a small photo box. The album contains plastic sheets for storing 100 photographs. The photo box is designed with a frame on the cover for inserting a picture. Both the album and the photo storage box, (included inside), are made of cardboard that has been covered with fabric. In our opinion the photo album imparts the essential character to this set.

The samples are returned as you requested.

The applicable subheading for all of the above mentioned albums and the photo storage box will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides forother household articlesof plastics: other, other. The rate of duty will be 3.4 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 Alice Masterson at 212-637-7090.

Sincerely,

Robert B. Swierupski
Director,

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