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NY M87165





October 18, 2006

CLA-2-48:RR:NC:2:234 M87165

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.50.0000; 4911.91.2040; 4911.99.6000; 4823.90.6600; 4811.90.9090; 9006.53.0000; 9017.20.8080; 8213.00.3000; 8213.00.9000; 9608.10.0000; 3926.90.3500; 3506.10.5000

Mr. Ciprian Marinescu
Schenker of Canada Ltd.
35 St. Jacques St.
Montreal, PQ
H2Y 1K9
Canada

RE: The tariff classification of a child’s scrapbook kit with a camera from China

Dear Mr. Marinescu:

In your letter dated July 12, 2006, which was received in our office on October 2, 2006, you requested a tariff classification ruling. The ruling was requested on behalf of your customer, Mega Brands, Inc.

A sample of the product to be classified, the “Super Scrapbook Set”, item # 46657, was submitted for our review. The set consists of a camera, a scrapbook and various items to decorate the scrapbook. All of the products are packed together in a paperboard retail display box. Although sold together as a set, the components are, for tariff purposes, not classifiable together as a set because they involve more than one activity (i.e., picture taking and scrapbook decorating). Therefore, the individual components will be classified separately.

The contents of the sample submitted are listed below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTSUS), duty rate and tariff description.

One scrapbook, consisting of an album of numerous 8” x 8” plain white paper sheets spiral-bound between paperboard covers – HTSUS subheading 4820.50.0000 / Free (Albums for samples or for collections, of paper or paperboard).

Several sheets of graphic stickers and photo corner stickers, consisting of pressure-sensitive paper stickers, lithographically printed with pictures and designs, most not incorporating any wording – HTSUS subheading 4911.91.2040 / Free (Printed pictures, designs and photographs: Lithographs on paper or paperboard, not over 0.51 mm in thickness).

Several sheets of graphic stickers with phrases and two sheets of alphabet stickers, consisting of pressure-sensitive paper stickers lithographically printed with letters and numerals or mostly with various phrases and designs incorporating wording – HTSUS 4911.99.6000 / Free (Other printed matter, printed on paper in whole or in part by a lithographic process).

Several sheets of graphics and “pop-outs”, consisting of die-cut paperboard shapes (without adhesive backing), lithographically printed with various designs, most not incorporating any wording – HTSUS subheading 4911.91.2040 / Free (Printed pictures, designs and photographs: Lithographs on paper or paperboard, not over 0.51 mm in thickness).

Several sheets of phrases and graphics, consisting of die-cut paperboard shapes (without adhesive backing), lithographically printed with various phrases and designs, most incorporating wording - HTSUS 4911.99.6000 / Free (Other printed matter, printed on paper in whole or in part by a lithographic process).

One sheet of borders and five sheets of fun frames, consisting of die-cut, coated paperboard shapes bearing repetitive-design printing – HTSUS 4823.90.6600 / Free (Other coated paper or paperboard, cut to size or shape, and articles of coated paper or paperboard).

Five rectangular sheets (8-1/2” x 11”) of “funky paper”, consisting of sheets of paper decorated on one side with assorted colors and repetitive-design prints – HTSUS 4811.90.9090 / Free (Other surface-colored, surface-decorated or printed paper).

One camera, preloaded with 35-mm film – HTSUS 9006.53.0000 / Free (Other photographic cameras, for roll film of a width of 35 mm.) For your information, there is an ITC Exclusion Order on disposable (single-use) cameras. The order is the General Exclusion Order issued in response to ITC Investigation No. 337-TA-406 on certain lens-fitted film packages (disposable cameras). The determination of whether your preloaded camera is subject to the ITC Exclusion Order will be made independently of the tariff classification ruling. If you require a written ruling on whether the exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: U.S. Customs and Border Protection, Intellectual Property Rights Branch, Office of Regulations and Rulings, 3rd Floor, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.

One 8-1/2” x 11” plastic stencil, suitable for use in drawing various shapes – HTSUS 9017.20.8080 / 4.6% (Other drawing or marking-out instruments).

One pair decorative-edge scissors, having plastic handles and metal working edges - If valued not over $1.75/dozen: HTSUS 8213.00.3000 / 1.7 cents each + 4.3% (Scissors, tailors’ shears and similar shears valued not over $1.75/dozen). Alternatively, if valued over $1.75/dozen: HTSUS 8213.00.9000 / 3 cents each + 3% (Scissors, tailors’ shears and similar shears valued over $1.75/dozen: Other).

One ball point “gel pen” – HTSUS 9608.10.0000 / 0.8 cents each + 5.4% (Ball point pens).

A small bag of plastic sequins – HTSUS 3926.90.3500 / 6.5% (Other articles of plastics: Beads, bugles and spangles, not strung and not set: Other).

One glue stick weighing 20 grams – HTSUS 3506.10.5000 / 2.1% (Prepared glues and other prepared adhesives put up for retail sale not exceeding a net weight of 1 kg: other).

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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

Pursuant to title 19 United States Code, Section 3005, the Harmonized Tariff Schedule of the United States is expected to be amended effective 1/1/07. The amendments are expected to affect the classification some of the merchandise described above. Pursuant to Section 3005 c, the report recommending those changes has been sent to the President for proclamation of the changes. Upon the expiration of sixty legislative days, in the absence of Congressional action, the recommended changes will become law. Accordingly based on that recommendation, it is anticipated that merchandise currently classified in HTSUS 4823.90.6600 will be classified in HTSUS 4823.90.6700 under the 2007 Harmonized Tariff Schedule. Under the circumstances, this classification under the 2007 tariff is advisory only. The tariff provisions for the other merchandise described above are unchanged in the 2007 tariff.

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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