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NY K87742




July 28, 2004
CLA-2-49:RR:NC:SP:234 K87742

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.99.8000

Mr. Paul Santarsiero
Brighter Writes, LLC
112 High Ridge Road
Avon, CT 06001

RE: The tariff classification of printed paperboard “harmony meters” from Hong Kong.

Dear Mr. Santarsiero:

In your undated letter received here on July 9, 2004, you requested a tariff classification ruling.

A sample identified as a “Harmony Meter” was submitted for our examination. It is a rigid, 10½”-diameter paperboard disk with a plastic pointer riveted to its center. The face of the disk is printed around its perimeter with a series of phrases (e.g., “very helpful,” “equal giver & taker,” etc.) representing a continuum of kindness/ selfishness. A series of smiling/frowning faces appears adjacent to the phrases. The printing appears to have been produced by a process other than lithography.

The product is designed to monitor a person’s behavior and to encourage accountability and goal setting. The pointer (which can be manually rotated but which has sufficient friction for it to stay in any selected place) is meant to be repositioned as the person’s behavior changes. Magnetic strips on the back of the disk allow the article to be mounted on a metal surface such as a refrigerator door.

The “meter” will also be supplied in an “Eat Right” version, which exhibits a healthy/unhealthy foods theme, and a “Be Fit” version, which exhibits a physical exercise/inactivity theme. Except for the content of the printing on their faces, these other versions are essentially the same as the sample described above.

The applicable subheading for all versions of the “Harmony Meter” will be 4911.99.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) printed matter. The rate of duty will be Free.

We note that the sample is not marked with its country of origin. When imported into the United States, the article (or its immediate container) will be required to be so marked (e.g., “Made in Hong Kong”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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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