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NY C81823

November 25, 1997

CLA-2-48:RR:NC:SP:234 C81823


TARIFF NO.: 4820.10.2010

Ms. Joanne Balice
CBI Distributing Corp.
2400 W. Central Road
Hoffman Estates, IL 60195-1930

RE: The tariff classification of a children's blank book with pen and belt clip, from Taiwan.

Dear Ms. Balice:

In your letter dated November 12, 1997, you requested a tariff classification ruling.

A sample identified as a style 95273 "notebook w/pen on belt clip" was submitted and will be retained for reference. Its main component is a small blank book consisting of a number of 2" x 2 5/8" sheets of paper permanently bound between hard plastic covers. Although the product has labels on it that read "Notebook & Pen," all of the pages are lined and captioned in "address book" format.

The book's covers have three hook-like appendages which together act as a holder for an inexpensive, 2 1/4"-long ball-point pen. The article's design is such that when the pen is in its holder, the book will not open.

Attached to the upper left corner of the book is a textile strap with a metal clasp at the opposite end. This feature apparently is intended to allow the article to be attached to another object or to be worn on the person by fastening it to a belt loop or the like.

The applicable subheading for the complete product known as style 95273 will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for diaries and address books, of paper or paperboard. The rate of duty will be 2.8%.

Please note that the imported product will be required to be marked with its country of origin, legibly and in a conspicuous place. The submitted sample's "Taiwan" marking, which is in the form of small, cast-in-the-mold lettering on the back of one of the hooks comprising the pen holder, is not acceptable. It is not legible because of its small size and because its color is the same as that of its background. Furthermore, it is located in an inconspicuous place.

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 Carl Abramowitz at 212-466-5733.


Robert B. Swierupski

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