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NY L86808




August 26, 2005

CLA-2-39:RR:NC:SP:221 L86808

CATEGORY: CLASSIFICATION

TARIFF NO.: 3924.90.5500

Ms. Yolanda S. Massey
Michaels Stores Procurement Company, Inc. 8000 Bent Branch Drive
Irving, Texas 75063

RE: The tariff classification of a memory book and a scrapbook from China.

Dear Ms. Massey:

In your letter dated July 25, 2005, you requested a tariff classification ruling.

Two samples were provided with your letter. The memory book (#FTM 15B) consists of 10 top-loading plastic sheet protectors into which 10 paper inserts are placed. The cover of the memory book is composed of cardboard covered with plastic coated textile fabric. The memory book measures 12 inches by 15 inches. The scrapbook (#A112RD) consists of 10 top-loading plastic sheet protectors into which 10 paper inserts are placed. The cover of the memory book is composed of cardboard covered with paper backed plastic sheeting. The scrapbook measures 12 inches by 12 inches. As you requested, the samples will be returned.

You suggest classification in heading 4820, which provides for, among other items, books and albums of paper or paperboard. However, the essential character of the memory book and scrapbook is imparted by the protective plastic pages.

The applicable subheading for the memory book and the scrapbook will be 3924.90.5500, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware, kitchenware, other household articles and toilet articles, of plastics: other: other. The rate of duty will be 3.4 percent ad valorem.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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