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NY N004932




February 1, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010, 3924.90.5500, 4202.92.3031

Karl Kane
MYX, Inc.
610 South Belardo Avenue, Suite 500
Palm Springs, CA 92264

RE: The tariff classification of a scrapbook, a photo album, a note pad and a tote bag from China

Dear Mr. Kane:

In your letter dated December 11, 2006, you requested a tariff classification ruling.

The sample identified as a “gift set” was submitted for review and will be returned to you as requested. It consists of a textile fabric tote bag containing a note pad, photo album and scrapbook. The note pad is textile-covered hardbound pad containing numerous blank, unlined paper pages. It measures approximately 5" (W) x 5" (H) x 2” (D). It has a cutout for a photo on the cover. The photo album consists of numerous plastic-pocket pages permanently bound between textile-covered paperboard covers with a cutout for a photo. It measures 7.75” (W) X 9” (H) x 2” (D). It is designed to hold 200 4" x 6" photos. The scrapbook is textile-covered paperboard with numerous plastic pages and has a cutout for a photo. The bag is a double handle, open top tote bag constructed with an outer surface of man-made fiber textile material. It has a cutout on the front for a photograph. The bag measures approximately 13.25” (W) x 10” (H) X 4” (D).

Since the four items serve different needs or activities, they will not be regarded for tariff purposes as "goods put up in sets for retail sale”. They will be classified separately.

The applicable subheading for the notepad will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for diaries and address books, bound, of paper or paperboard. The rate of duty will be Free.

The photo album and scrapbook album have covers made of textile-covered paperboard. The protector sleeves/pages are made of plastic sheeting. The plastic pages impart the essential character to the photo album and to the scrapbook album.

The applicable subheading for the photo albums and scrapbook albums with plastic sleeves will be 3924.90.5500, HTSUS, which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other. The rate of duty will be 3.4 percent ad valorem.

The applicable subheading for the tote bag will be 4202.92.3031, HTSUS, which provides for travel, sports and similar bags, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6%.

The tote bag falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the "Textile Status Report for Absolute Quotas" which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

Pursuant to title 19 United States Code, Section 3005, The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of the photo albums. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that the photo album will be classified in 3926.90.4800, HTSUS.

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).

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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