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NY N021226




January 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010

Ms. Evie Evans
UPS Supply Chain Solutions
500 Rutherford Ave.
Charlestown, MA 02129

RE: The tariff classification of a diary from Malaysia.

Dear Ms. Evans:

In your letter dated December 27, 2007, on behalf of Geiger Bros., you requested a tariff classification ruling. The sample which you submitted is being retained by this office.

A sample of the “Concord Week in Review” planner designated as Sample C was submitted for review by this office. Sample C is a diary that measures approximately 6 ½ inches by 3 ¼ inches when closed is composed of calendar pages from December 2007 to January 2009 and additional planning pages, a Notes page, Area Codes & Time Zones for the United States (US), World Time, and weights and measure, etc. and is glued between a cover that is also made in Malaysia. You stated that the stamping on the cover will be done in the US. You further inquired if the planner was exported from the US to Mexico or Canada would it be eligible for any beneficial treatment under the North American Free Trade Agreement (NAFTA).

The applicable subheading for the diary will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Registers, account books, order books, . . . diaries 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/. Based on the information supplied in your letter and the sample submitted by you the diary should be marked with country of origin as Malaysia and would not be considered a product of a NAFTA country.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

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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