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NY L88721

November 14, 2005

CLA-2-39, 49:RR: NC: 2:234 L88721


TARIFF NO.: 3919.90.5060; 4911.99.6000

Ms. Janet Freese
Paper Magic Group
401 Adams Avenue
Scranton, Pennsylvania 18510

RE: The tariff classification of five (5) sticker books from China.

Dear Ms. Freese:

In your letter dated November 2, 2005 you requested a tariff classification ruling for the referenced articles. Samples were submitted.

Item EU609400 is a staple bound book or pad of four (4) paper pages, carrying 268 “Super Value” self-adhesive Sparkle Stickers of various shapes and sizes, made of plastic, printed on one or both sides by holography and by a lithographic process.

The applicable subheading for this product (EU609400, as described) will be 3919.90.5060, Harmonized Tariff Schedule of the United States (HTS), which provides for: Self-adhesiveflat shapes, of plastic: Other (than certain specified products). The rate of duty will be 5.8 percent ad valorem.

This product is appropriately marked on its paper cover, ”Made in China”. However, each of the four (4) paper carrier pages is marked with the name of the locale, “Scranton, PA 18501” and there is no corresponding, offsetting, “Made in China” marking in close proximity thereto. This “may mislead or deceive the ultimate purchaser as to the actual country of origin of the article”. It is a violation of Section 134.46, Customs Regulations (19 C.F.R. 134.46). The article is not admissible into the U.S. in this condition.

Items EU609560, EU609720, EU609640 and EU609680 are staple bound books or pads of various numbers of paper pages, all carrying self-adhesive stickers of paper, printed by lithography with combinations of words and pictures. The articles each have a distinctive theme, such as “Inspirational”, “Dr. Seuss ™”, “Spanish Espanol ” and “Wags and Whiskers”. These products do not have the country of origin marking difficulty associated with EU609400.

The applicable subheading for items EU609560, EU609720, EU609640 and EU609680 will be 4911.99.6000, HTS, which provides for: Other (than previously provided for in the chapter) printed matter: Printed on paper in whole or in part by a lithographic process. The rate of duty will be Free.

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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