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NY F84137

March 28, 2000

CLA-2-48:RR:NC:SP:234 F84137


TARIFF NO.: 4820.10.2050; 6307.90.9989; 9608.10.0000

Mr. Arlen T. Epstein
Tompkins & Davidson, LLP
One Astor Plaza (1515 Broadway)
New York, N.Y. 10036-8901

RE: The tariff classification of a notebook, picture frame and pen from China.

Dear Mr. Epstein:

In your letter dated March 14, 2000, you requested a tariff classification ruling on behalf of your client, Avon Products, Inc.

Three items, identified collectively as a “Plush Diary, Pen and Frame Set” (PP 202975), were submitted as samples and are being returned to you as requested.

The first item is a 6½” x 9” x 1¼” notebook consisting of numerous blank, ruled sheets of paper permanently bound between paperboard covers which are themselves covered with plush, leopard-print textile fabric. The book incorporates a metal latch closure accompanied by a miniature lock and key.

The second item is a 3 7/8” x 4 3/8” picture frame, with hinged stand, made of fabric-covered cardboard. The fabric matches that of the notebook.

The third item is a 7½”-long ball point pen covered with matching fabric and ornamented at the top with dyed turkey feathers.

Although the samples were presented to us as separate entities without common retail packaging, you indicate that they will be “put up and sold together.” However, since it appears that all of the items do not relate to the same specific need or activity, they will not be treated for tariff purposes as “goods put up in sets for retail sale,” and will therefore be classified separately. The applicable subheading for the notebook will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for notebooks of paper or paperboard. The rate of duty will be 1.6% ad valorem.

The applicable subheading for the picture frame will be 6307.90.9989, HTS, which provides for other (non-enumerated) made up textile articles. The rate of duty will be 7% ad valorem.

The applicable subheading for the pen will be 9608.10.0000, HTS, which provides for ball point pens. The rate of duty will be 0.8 cent each + 5.4% ad valorem.

We note that the samples are not marked with their country of origin. When imported into the United States, the goods will be required to be so marked, legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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 212-637-7060.


Robert B. Swierupski

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