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NY 880109

November 17, 1992

CLA-2-49:S:N1:234 880109


TARIFF NO.: 4911.99.6000

Mr. Pat Flynn
C.J. Tower
128 Dearborn Street
Buffalo, New York 14202

RE: The tariff classification of certain lithographically printed baseball cards from Canada.

Dear Mr. Flynn:

In your letter dated Nov. 3, 1992, to the District Director of Customs, Buffalo, N.Y., you requested a tariff classification ruling.

Two (2) sample cards were submitted, which will be retained for reference. They are lithographically printed on paperboard, with pictures and statistics relating to a particular baseball player. They differ from the usual two-sided baseball card in having a pull-tab pop-up feature, which raises a picture of the player into an upright position while at the same time displaying his career statistics, which are not visible on the card in its condition as purchased.

The applicable subheading for the Baseball Cards as described will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Other (than certain enumerated printed matter): Printed on paper in whole or in part by a lithographic process. The rate of duty will be 0.4 percent ad valorem.

You propose marking the cards, "Printed in Canada" on the "inside", to be visible after one has pulled the tab to show the historical background of the individual for whom the card is printed. This will not, in our opinion, be acceptable, as the marking required by U.S. law must be visible in a conspicuous place prior to purchase. It is not expected that a retail purchaser of such card would have the opportunity to pull the tab (and thus see the country of origin marking) until after he has purchased it.

Goods classifiable under subheading 4911.99.6000, HTS, which have originated in the territory of Canada, will be entitled to a Free rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

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


Jean F. Maguire
Area Director

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