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NY D85025




December 17, 1998

CLA-2-49:RR:NC:SP:234 D85025

CATEGORY: CLASSIFICATION

TARIFF NO.: 4911.91.2040

Ms. Lisa Peterman
The A.W. Fenton Company Inc.
P.O. Box 360614
Columbus, Ohio 43236-0614

RE: The tariff classification of printed paper Valentine's Day stickers from China.

Dear Ms. Peterman:

In your letter dated November 23, 1998, on behalf of Consolidated Stores Corporation, you requested a tariff classification ruling.

A sample identified as item # 981769 ("Valentine's Day Stickers") was submitted and is being returned to you as requested. It is a retail package containing two 4 3/4" x 7 3/4" sheets of release paper bearing a number of die-cut, pressure-sensitive paper stickers printed with red and pink representations of hearts and lips. (The printing appears to have been done by a lithographic process, and the paper is approximately 0.11 mm in thickness.) The stickers are intended to be peeled off their backing and applied to other objects. You state that they will be "primarily used to decorate letters, cards or paper with Valentine lips and hearts."

You argue that the above-described goods should be classified as "festive articles" in Chapter 95 of the Harmonized Tariff Schedule of the United States (HTS). We note, however, that although heart symbols are associated with Valentine's Day, they are not limited to that day. Stickers bearing such symbols can be used year-round to ornament various things, e.g., stationery. Moreover, the instant stickers are not used exclusively to decorate the home for a specific holiday. They are one step removed, i.e., they can be used in the making of decorations and cards for Valentine's Day.

It is the opinion of this office that the instant items, while advertised and sold during the Valentine's Day holiday, are not seen by the purchasers as either decorations for the home or as having use for entertainment in the home on the Valentine's Day holiday. Therefore, the stickers are not festive articles.

The applicable subheading for the # 981769 stickers will be 4911.91.2040, HTS, which provides for other (than certain enumerated) printed pictures, designs and photographs: litho-graphs on paper or paperboard, not over 0.51 mm in thickness. For the remainder of 1998, the rate of duty will be 7.9 cents per kilogram. Effective January 1, 1999, the rate of duty will be 6.6 cents per kilogram.

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.

Sincerely,

Robert B. Swierupski
Director,

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