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NY K83640




March 4, 2004
CLA-2-49:RR:NC:2:234 K83640

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.2040

Mr. Steven De Core
D & D Customhouse Brokerage, Inc.
701 Newark Avenue, Suite LL1
Elizabeth, New Jersey 07208

RE: The tariff classification of “Amazing Machines Sticker Timeline”, from China; Marking, CR 134.46

Dear Mr. De Core:

In your letter dated February 25, 2004, you requested a tariff classification ruling for the referenced article. A sample was received, which will be returned, as requested.

The sample is a printed paper or paperboard folder, measuring 11” x 8 ½”, titled, “Amazing Machines Sticker Timeline”, which contains two (2) sheets of printed paper stickers, each sticker representing a machine that moves, such as railroad car, agricultural tractor, jet airplane, etc.

The folder also contains a lithographically printed folded strip of paper, measuring about 50 ½” x 11”, titled “Moving Machines”, and depicting a landscape which includes a railroad track, a road, a body of water, and a section of sky.

In use, one places each sticker onto an appropriate portion of the landscape, following a printed time line along the bottom of the strip.

The applicable subheading for the Amazing Machines Sticker Timeline, as described, will be 4911.91.2040, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other printed matter: Pictures, designs and photographs: Other (than a certain specified kind): Lithographs on paper or paperboard: Not over 0.51mm in thickness: Other (than posters). The rate of duty will be Free.

The article is not marked with its country of origin, China. The folder is printed with a United States address on its rear face, and the paper strip is printed with that address on the panel which appears to view when the folder is opened.

Section 134.46, Customs Regulations (19 CFR 134.46) requires that this article, in its condition as imported, will bear the name of the country of origin, China, printed in close proximity to each of these U.S. addresses, in type of at least a comparable size, with accompanying words such as “Made in” or “Product of”. In the condition as presented with this request for ruling, the article is not admissible into the United States.

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 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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