CLA-2 CO:R:C:G 085872 SLR
Ms. Janis Nulph
Import Supervisor
Action Industries, Inc.
Allegheny Industrial Park
Cheswick, Pennsylvania 15024
RE: Modification of Headquarters Ruling Letter (HRL) 081591
Dear Ms. Nulph:
On April 24, 1989, HRL 081591 classified an item known as
the "Total Planner" in subheading 4820.10.20, Harmonized Tariff
Schedule of the United States Annotated (HTSUSA), which provides
for diaries and address books. After much discussion and
consideration, we have determined that ruling to be in error.
The article at issue consists of the following components
which fit into plastic pockets of a plastic folding case: a
telephone and address indexer, a weekly planner, a note pad,
plastic inserts for business cards or other cards, and a ball
point pen. A Velcro-type fastener operates as a closing device.
In our opinion, the plastic folding case imparts the
essential character of the above set; it secures, in one
convenient location, the telephone and address indexer, weekly
planner, note pad, and business card inserts. Accordingly, the
the "Total Planner" is properly classified as an article of a
kind normally carried in the pocket or handbag, with outer
surface of plastic sheeting. If the outer surface is made of
reinforced or laminated plastics, then 4202.32.1000, HTSUSA,
applies and the correct rate of duty is 12.1 cents per kilogram
plus 4.6 percent ad valorem. If composed of another type of
plastic sheeting, 4202.32.2000, HTSUSA, applies and the rate of
duty is 20 percent ad valorem.
In accordance with the above determination, HRL 081591 is
hereby modified pursuant to 19 CFR 177.9(d).
Sincerely,
John Durant, Director
Commercial Rulings Division