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NY N021512




February 6, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2050

Ms. Ellen Schwartz
T. H. Weiss Inc. Customs House Brokers
480 McClellen Highway, Suite 304
East Boston, MA 02128

RE: The tariff classification of notebooks from China

Dear Ms. Schwartz:

In your letter dated December 26, 2007, you requested a tariff classification ruling on behalf of Southworth Company.

Five notebook samples in various styles were submitted for our review. The samples will be returned to you as requested. The samples included are as follows:

Item # PRWIREFLPGRL-AS is a two-sided notebook with a dual loop spiral wire bound between die-cut, translucent polypropylene covers. The notebook measures approximately 8 ½” x 11” and has a “flip” style that reverses to create two books in one. Each side has fifty color coordinated pages to match the front cover of its own section. The notebook reverses between two sides that contain “college ruled” sheets. The pages vary for each section with the inclusion of a title and date space or pages specifically labeled for class notes, assignment and due date. The class notes section has perforated pages for a clean, easy separation. The covers have a die-cut information card attached describing the versatility of the notebook. The notebook is available in coordinating colors with green/orange or green/blue covers.

Item # PRWIREBSC3S-AS is a three-subject notebook with a dual loop spiral wire bound between paperboard covers with colored metallic foil on the front and back covers. The notebook measures approximately 9” x 11”. The notebook has one hundred-fifty “college ruled” sheets which have a title/date line at the top of the page and an undated weekly calendar format at the bottom of each page. The pages are perforated with a three hole punch to be easily removed and inserted into a standard ring binder. The notebook will have two repositionable plastic tab dividers inserted into the book which measure approximately 3 1/2” x 9”. The covers have a die-cut information card attached describing the versatility of the notebook. The notebook is available in four colors which are green, pink, blue and silver which have color coordinated pages.

Item # PRCOMPBSC-AS is a composition book which measures approximately 9 1/2” by 7 1/2”. The notebook is bound between paperboard covers with a colored metallic foil on the spine, front and back covers. It has one hundred lined pages featuring a title and date line, an undated weekly calendar format, and a scalloped colored edge. The covers have a die-cut information card attached describing the versatility of the notebook. The notebook is available in four colors which are green, pink, blue and silver which have color coordinated pages.

Item # PRCOMPFLPGRL-AS is a two-sided composition book which measures approximately 7 3/8” x 9 3/4”. It is a reversible notebook, bound between die-cut, translucent polypropylene covers that reverse to a “flip” style to create two books in one. There is a silver metallic tape over the spine. Each side has color coordinated pages to match the front cover of its section. The book has fifty “college ruled” sheets in one half and reverses to fifty quad ruled (graph) sheets which contain four squares per one inch. The covers have a die-cut information card attached describing the versatility of the notebook. The notebook is available in coordinating colors with green/orange or green/blue covers.

Item # PRJOURBSC-AS is a journal which measures approximately 7 1/2” x 10”. The book is bound between paperboard covers with a colored metallic foil on the spine, front and back covers. There are two hundred forty printed lined pages color-coordinated to the cover color. Each page is designed with a blank area that takes up one third of the top of the page, a touch of color at the left hand margin, a concave edge of color along the right hand border and a day of the week register at the bottom of the sheet. The covers have a die-cut information card attached describing the versatility of the notebook. It comes in four different colors which are green, pink, blue and silver.

The applicable subheading for the notebooks will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationary, of paper or paperboard; registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articlesother. The rate of duty will be free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The merchandise in question may be subject to antidumping duties or countervailing duties. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

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 Patricia Wilson at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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