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NY L82136




February 9, 2005

CLA-2-39:RR:NC:SP:221 L82136

CATEGORY: CLASSIFICATION

TARIFF NO.: 3919.90.5060

Ms. Sue Trobaugh
Identity Group, Inc.
1480 Gould Drive
Cookeville, TN 38506

RE: The tariff classification of self-stick markers from China.

Dear Ms. Trobaugh:

In your letter dated January 11, 2005, you requested a tariff classification ruling.

The sample provided with your letter is identified as self-stick markers, item number 31073. The markers include 50 self-adhesive small notepapers and 125 self-adhesive plastic flags, or tabs, that serve as page or note locators. The plastic flags are transparent, so that words can be read through them. They can be removed and reattached multiple times. The notepapers and flags are secured onto a 7-ring paperboard backing that fits into a personal organizer. According to the information that you supplied, the cost of the plastic page flags is more than twice the cost of the paper notes. These self-stick markers are classified together as a set, and the essential character is imparted by the plastic page flags.

The applicable subheading for the set of self-stick markers will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for self-adhesive plates, sheets, film, foil, tape, strip and other flat shapes, of plastics, whether or not in rolls: other, other. The rate of duty will be 5.8 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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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