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NY K83674

March 15, 2004
CLA-2-49:RR:NC:SP:234 K83674


TARIFF NO.: 4901.99.0092

Mr. Steven De Core
D & D Customhouse Brokerage Inc.
701 Newark Avenue, Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of a child’s “body-art” book with accessories, from China.

Dear Mr. De Core:

In your letter dated February 26, 2004, you requested a tariff classification ruling on behalf of Wallace of Bridgeport dba Top That, Inc.

A sample identified as “Design Your Own Body Art” was submitted for our examination and is being returned to you as requested. It consists of a paperboard retail display box containing a 32-page illustrated paperbound book together with related accessories. The book explains various ways in which one can decorate one’s body. The accompanying accessories are intended to help the user get started in this activity. The accessories included are 6 strips of temporary tattoos (printed transfers), a felt-tipped “body-art pen,” a 1”-diameter rubber stamp of a Chinese “love” symbol, and a 1”-square washable ink pad.

For tariff classification purposes, this product will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the book.

Accordingly, the applicable subheading for the complete “Design Your Own Body Art” kit will be 4901.99.0092, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) printed books: containing 5 or more pages each, but not more than 48 pages each. The rate of duty will be Free.

The book contains, on its title page, a printed copyright claim which includes a United States address: 27023 McBean Parkway, #408 Valencia, CA 91355. This triggers the provisions of Section 134.46, Customs Regulations (19 CFR 134.46), which reads: “Marking when name of country or locality other than country of origin appears. In any case in whichthe name of any city or location in the United Statesappears on an imported articleand that name may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such name, and in at least a comparable size, the name of the country of origin preceded by ‘Made in’, ‘Product of’, or other words of similar meaning.”

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 646-733-3037.


Robert B. Swierupski

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