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NY L87922

October 24, 2005

CLA-2-48:RR:NC:SP:234 L87922


TARIFF NO.: 9006.53.00; 4820.50.0000; 4911.91.2040; 4911.99.6000; 4821.10.2000; 4823.90.6600; 4811.90.9090; 9017.20.8080; 3926.90.3500; 8213.00.3000; 8213.00.9000; 9608.10.0000; 3506.10.5000

Mr. Kevin Maher
C-Air Customhouse Brokers
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a child’s activity kit, including a camera, a scrapbook and other items, from China.

Dear Mr. Maher:

In your letter dated September 20, 2005, you requested a tariff classification ruling on behalf of Rose Art Industries, Inc.

A sample identified as a “Super Scrapbook” kit (Item # 4701) was submitted for our examination and is being returned to you as requested. Packed in a paperboard retail display box, the kit consists of a camera, a scrapbook and various items suitable for use in decorating the scrapbook. Although photos taken with the camera can ultimately be stored in the scrapbook, we nevertheless find that the items in this kit involve more than one activity (i.e., picture taking and scrapbook decorating), and therefore do not constitute, for tariff purposes, “goods put up in sets for retail sale.” Consequently, the individual components will be classified separately. The items are listed below, each followed by its applicable subheading in the Harmonized Tariff Schedule of the United States (HTS), duty rate and tariff description.

A camera, preloaded with 35-mm film. 9006.53.00 / Free. (Other photographic cameras, for roll film of a width of 35 mm.) For your information, there is an ITC Exclusion Order on disposable (single-use) cameras. The order is the General Exclusion Order issued in response to ITC Investigation No. 337-TA-406 on certain lens-fitted film packages (disposable cameras). The determination of whether your preloaded camera is subject to the ITC Exclusion Order will be made independently of the tariff classification ruling. If you require a written ruling on whether the exclusion order applies to your camera, you should submit a ruling request with a sample of the camera to the following office: U.S. Customs and Border Protection, Intellectual Property Rights Branch, Office of Regulations and Rulings, 3rd Floor, Ronald Reagan Building, 1300 Pennsylvania Avenue, NW, Washington, DC 20229.

A scrapbook, which is an album consisting of numerous 8” x 8” plain white paper sheets spiral-bound between paperboard covers. 4820.50.0000 / Free. (Albums for samples or for collections, of paper or paperboard.)

Several sheets of “graphic stickers” and “photo corner stickers.” These pressure-sensitive paper stickers are lithographically printed with pictures and designs, most not incorporating any wording. 4911.91.2040 / Free. (Lithographs on paper or paperboard, not over 0.51 mm in thickness.)

2 sheets of “alphabet stickers,” which are pressure-sensitive paper stickers lithographically printed with letters, numerals and punctuation marks. 4911.99.6000 / Free. (Other printed matter, printed on paper in whole or in part by a lithographic process.)

1 sheet of “tags,” which are die-cut paperboard labels, largely blank but lithographically printed with decorative borders and coloration. 4821.10.2000 / Free. (Paper and paperboard labels, printed in whole or in part by a lithographic process.)

Several sheets of “phrases and graphics,” which are die-cut paperboard shapes (without adhesive backing), lithographically printed with various wording and designs. 4911.99.6000 / Free. (Other printed matter, printed in whole or in part by a lithographic process.)

2 sheets of “pop-outs,” which are die-cut, thin paperboard shapes lithographically printed with various designs. 4911.91.2040 / Free. (Lithographs on paper or paperboard, not over 0.51 mm in thickness.)

Assorted “fun frames” and “borders,” which are die-cut, coated paperboard shapes bearing repetitive-design printing. 4823.90.6600 / Free. (Other coated paper or paperboard, cut to size or shape, and articles of coated paper or paperboard.)

5 rectangular sheets (8½” x 11”) of “funky paper,” each decorated with a repetitive-design print on one side. 4811.90.9090 / Free. (Other surface-colored, surface-decorated or printed paper.)

An 8½” x 11” plastic stencil, suitable for use in drawing various shapes. 9017.20.8080 / 4.6%. (Other drawing or marking-out instruments.)

A small bag of plastic sequins. 3926.90.3500 / 6.5%. (Other articles of plastics : Beads, bugles and spangles, not strung and not set Other.)

1 pair of “decorative-edge scissors,” having plastic handles and metal working edges. If valued not over $1.75/dozen: 8213.00.3000 / 1.7 cents each + 4.3% (Scissors, tailors’ shears and similar shears valued not over $1.75/dozen.) Alternatively, if valued over $1.75/dozen: 8213.00.9000 / 3 cents each + 3%. (Scissors, tailors’ shears and similar shears valued over $1.75/dozen: Other.)

1 ball-point “gel pen.” 9608.10.0000 / 0.8 cents each + 5.4%. (Ball point pens.)

1 glue stick weighing 0.67 oz. 3506.10.5000 / 2.1%. (Prepared glues and other prepared adhesives put up for retail sale not exceeding a net weight of 1 kg: other.)

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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