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NY 870885


February 4, 1992

CLA-2-49:S:N1:234 870885

CATEGORY: CLASSIFICATION

TARIFF NO.: 4902.90.2060

Mr. Bradley Cresswell
The Street
P.O. Box 108
Toronto, Ontario, Canada M4E 1H2

RE: The tariff classification and country of origin marking of printed magazines (periodicals) from England.

Dear Mr. Cresswell:

In your letter dated December 20, 1991, you requested a tariff classification ruling.

A sample was submitted and will be retained for reference. It is a 30-page, staple-bound publication (magazine) called "The Street." It contains articles and photographs having to do with a long-running British television series titled "Coronation Street," evidently providing aficionados of the show with information on actors and actresses, plots, classic episodes, etc. The magazine is produced as a continuous series, with dated issues published quarterly.

The applicable subheading for "The Street" magazine will be 4902.90.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) newspapers, journals and periodicals, whether or not illustrated or containing advertising material (including single issues tied together for shipping purposes). The rate of duty will be free.

You also inquire as to whether the country of origin marking exhibited by the sample is satisfactory. We would first point out that the purpose of such marking is to ensure that, upon a casual examination of item, the ultimate purchaser will be clearly and readily informed of its origin.

Since the words "Printed in England" are rather obscure in both places where they appear on the sample copy, we find that the marking fails to be acceptable. In one instance (in the page 3 masthead), the wording appears in small, lower-case lettering, buried among additional information that also includes upper-case references to "USA" and "TORONTO, ONTARIO, CANADA." This could be remedied simply by changing "Printed in England" to upper-case lettering and placing it slightly below all the other masthead information, on its own line in the center of the column. In the second instance (the lower left corner of the outside back cover), "PRINTED IN ENGLAND" appears in small black print on a dark blue background. This marking is not very noticeable due to the lack of contrast, which could be corrected by using better color combinations (e.g., black on white, or yellow on blue).

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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