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NY E85769

August 23, 1999

CLA-2-49:RR:NC:2:234 E85769


TARIFF NO.: 4911.10.0080

Mr. Robert Dejulius
D R Products, Inc.
476 Longspur Road
Highland Heights, Ohio 44143

RE: The tariff classification of printed advertising material from Hong Kong

Dear Mr. Dejulius:

In your letter dated June 22, 1999, supplemented by your further letter of August 3, 1999, you requested a tariff classification ruling.

Samples were submitted. They are printed advertising leaflets, consisting of a single sheet of paper said to be “12 point or 300 gram paper stock”, folded once so as to create a folder or booklet with four printed surfaces. The samples are advertisements for a “New LEVER 2000® Pure Rain ™ Body Wash”.

The front face of the folder or booklet has attached to it a sealed pouch said to be of 18-Gauge Plastic, which is filled with 1.5 oz. of Gel. The Gel originates in China, and contains the following substances, or chemicals: Fatty alcohol, Polyoxyethylene, Sodium laureth sulfate, Surfactants, Propaneselanol, and Kathon.

The Gel, while blue in color, as is the product being advertised, is not itself that product. The front face of the folder or booklet is printed with the following warning:

CAUTION: Keep out of reach of children. Not for actual use. Use enclosed sample packettes.

The words of the warning (except the word CAUTION) are printed in the smallest type size used anywhere on the article, except for a copyright claim on the rear face. However, the printing of the warning is in contrasting color from the background, and is legible, permanent, and in a conspicuous place.

The article measures, in folded condition, 7” x 7”, and in unfolded condition, 14” x 7”.

The applicable subheading for the subject advertising folder or booklet will be 4911.10.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for Other printed matter, including printed pictures and photographs: Trade advertising material, commercial catalogs and the like: Other (than certain specified kinds). The rate of duty will be Free.

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

This article may be subject to the regulations of the Environmental Protection Agency, Office of Pesticides and Toxic Substances. You may contact them at 402 M Street, S.W., Washington, D.C. 20460, telephone number (202) 554-1404, or EPA Region II, at (908) 321-6669.

Additional requirements may be imposed on this product by the Consumer Products Safety Commission. You may contact them at 6 World Trade Center, Room 350, New York, N.Y. 10048.

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 212-637-7060.


Robert B. Swierupski

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