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NY 875162


June 16, 1992

CLA-2-48:S:N1:234 875162

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010

Mr. Thomas E. Bernstein
Leeds Leather Products
4431 William Penn Highway
Murrysville, PA 15668

RE: The tariff classification of "Pocket Secretaries" (blank books; organizers; planners; engagement calendars; diaries) from China.

Dear Mr. Bernstein:

In your letter dated May 29, 1992, you requested a tariff classification ruling. Two samples were submitted and will be retained for reference.

The style 0600-30 "Pocket Secretary" consists of a metal six-ring binder mechanism which is permanently mounted inside a "Coskin" (vinyl) book-like case. The binder holds numerous paper inserts (pages) divided into three sections, each designed to receive certain kinds of written entries or notations: a 12- month, week-in-view engagement calendar/planner, a tab-indexed telephone/address directory, and a 30-page note pad. Although your letter refers to this product as a "zippered" Pocket Secretary, the sample has a snap closure, rather than a zipper. When closed it measures about 1" x 4 1/2" x 7". The inside of the cover also incorporates pockets for storing loose papers and the like.

Style 1000-30 is basically the same, except that its cover is made of leather instead of vinyl. (The submitted sample lacks paper inserts, but your letter states, and you have confirmed over the telephone, that the imported version of this product will contain the same type of pages described above. The ruling that follows will not apply to any empty binders or cases.)

On the basis of Headquarters Ruling (HQ) 951076, issued to your firm on March 18, 1992, you suggest classification as "other" diaries and similar articles, in subheading 4820.10.4000, Harmonized Tariff Schedule of the United States (HTS). However, we note that HQ 951076 concerned, in relevant part, a style 1000- 03 "Pocket Secretary" which, unlike the items currently under review, did not have a ring binder. Rather, its telephone/address book, engagement book and note pad were held in place by means of cardboard appendages slipped into pockets on the inside of a leather case.

With regard to ring-binder type planners such as those now before us, Customs' current position is that such articles are "bound diaries." Such a determination was made in HQ 089960, issued to another inquirer on February 10, 1992.

Accordingly, the applicable subheading for the style 0600-30 and 1000-30 "Pocket Secretaries" will be 4820.10.2010, HTS, which provides for diaries and address books, bound. The rate of duty will be 4%.

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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