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NY H82830

June 28, 2001

CLA-2-48:RR:NC:2:234 H82830


TARIFF NO.: 4820.10.2020

Ms. Jacky Courtney
Phoenix International-Cincinnati Branch
1390 Donaldson , Suite E
Erlanger, Kentucky 41018-1156

RE: The tariff classification of a “Gift Pak” from China

Dear Ms. Courtney:

In your letter dated June 18, 2001, on behalf of your client, C.M. Paula Co., you requested a tariff classification ruling.

A sample was submitted, which will be retained for reference. It is a cellophane-wrapped printed paperboard folder, measuring 7 inches by 3 ¼ inches. The folder contains a “designer note pad” of paper leaves, a pencil, and an “inspirational card” of paper, on which is printed a sentence by Helen Steiner Rice, and a picture of flowers. The same sentence, with attribution, is printed on the face of the folder; the picture is also printed on the face of the folder and on each page of the “designer note pad”. The enclosed pencil is printed on its surface with pictures of flowers of the same color as the flowers on card, folder and notepad. The article is Designated GIFT PAK, and bears a bar code with the item number: 35163 02703. The rear face of the folder reads, in part, “Let the words of Helen Steiner Rice inspire you or a friend.”

The Gift Pak described will be considered for tariff purposes to be “goods put up in sets for retail sale”, and will be classified in the provision that describes the component, “designer note pad”.

The applicable subheading for the Gift Pak will be 4820.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for: Memorandum pads, letter pads and similar articles (of paper or paperboard). The rate of duty will be 1.2 percent ad valorem.

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

The sample Gift Pak, in its condition as presented, cellophane wrapped and ready for retail sale, is not legally marked as to its country of origin, China. Such mark must be placed on each Gift Pak, in close proximity to the address of your client, Mason, Ohio, 45040, so as to make clear to the ultimate purchaser at retail of the article that it is the product of China.

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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