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NY N016072




September 10, 2007

CLA-2-48:RR:NC:N2:234

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010

Mr. Steven Money
Phoenix International Freight Services, Ltd. 4659 World Parkway Circle
St. Louis, MO 63134

RE: The tariff classification of a planner from China.

Dear Mr. Money:

In your letter dated August 20, 2007, on behalf of Esselte Corporation located at 48 S Service Road, Melville, NY 11747, you requested a tariff classification ruling. The sample which you submitted is being returned.

The submitted sample is described as “The Organized Student Planner.” It consists of a plastic holder that measures approximately 29.4 cm x 24.8 cm and has three holes so it can be included in a three ring loose-leaf notebook binder. Inside the holder is a daily planner that measures approximately 23 cm x 28 cm consisting of a front and rear paper board cover that is held in place by a vertical pocket. The daily planner is spiral bound. In addition to the daily planner the holder has note tabs and a calendar in their own pockets, respectively. On the inside of the front cover of the holder is an elastic band that can be used to hold a writing instrument in place. “The Organized Student Planner” is a set pursuant to General rule of Interpretation 3(b), Harmonized Tariff Schedule of the United States (HTSUS). It is the planner that imparts the essential character to the set.

The applicable subheading for the planner will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Register, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders file covers, manifold business forms, interleaved carbon sets and other articles of stationery, collections and book covers (including cover boards and book jackets) of paper or paperboard: Registers, account books, notebooks order books receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Diaries, and address books. The rate of duty will be Free.

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/.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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