CLA-2 RR:CR:TE 966420 RH
Ms. Bonnie Jay
Turkish Greetings
2121 W. Spring Creek Parkway
Suite 214
Plano, Texas 75023
RE: Modification of NY E80406; Classification of cards; Heading 4909; Heading 4911; Heading 4817
Dear Ms. Jay:
On April 22, 1999, Customs (now Customs & Border Protection (“CBP”)) issued New York Ruling Letter (NY) E80406 to you concerning the classification of “carpet cards” from Turkey. In that ruling, CBP classified the cards with messages printed on them under subheading 4909.00.4020 of the Harmonized Tariff Schedule of the United States (HTSUS), as printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings. The cards with historical information displayed on their “rear faces” were classified under subheading 4817.20.4000, HTSUS, as correspondence cards.
For the reasons set forth below, we find that NY E80406 was incorrect, in part, and that the proper classification of all of the cards is under heading 4909, HTSUS.
Pursuant to section 625(c), Tariff Act of 1930 (19 U.S.C. 1625(c)), as amended by section 623 of Title VI (Customs Modernization) of the North American Free Trade Agreement Implementation Act, Pub. L. 103-182, 107 Stat. 2057, 2186
1993), notice of the proposed revocation of HQ 089218 was published on May 21, 2003, in Vol. 37, No. 21 of the customs bulletin. CBP received two comments. A discussion of the comments will be set forth in the General Notice
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of Revocation and Modification, which will be published in the customs bulletin on August 6, 2003.
FACTS:
A description of the merchandise at issue in NY E80406 reads as follows:
[The sample] is a folded paper or paperboard card, imported together with an appropriately sized mailing envelope. The front face of the card is decorated with a miniature woven carpet permanently attached by gluing. (The carpet cannot be removed without the probability of damaging exposed threads on its reverse.)
The interior two faces of the folded card are blank, and are suitable, and intended, for the writing of correspondence.
The rear face contains historical information about the “Kayseri Wool Carpet”, presumably of which the miniature on the front face of the card is an example.
* * *
Cards like the sample in all material respects, but also having messages printed on them, will also be imported.
ISSUE:
Are the cards with no text classifiable under heading 4817, HTSUS, as envelopes, letter cards, plain postcards and correspondence cards or under heading 4911, HTSUS, as other printed matter?
LAW AND ANALYSIS:
Classification of goods under the HTSUS is governed by the General Rules of Interpretation (GRI's). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Merchandise that cannot be classified in accordance with GRI 1 is to be classified in accordance with subsequent GRI's taken in order.
Additionally, the Explanatory Notes (EN’s) to the Harmonized Commodity Description and Coding System constitute the official interpretation of the nomenclature at the international level. The EN’s are not legally binding. However, they do represent the considered views of classification experts of the Harmonized System Committee. It has therefore been the practice of the
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Customs Service to follow, whenever possible, the terms of the EN’s when interpreting the HTSUS.
Heading 4817, HTSUS, provides for “Envelopes, letter cards, plain postcards and correspondence cards, of paper or paperboard; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery.” Heading 4911, HTSUS, provides for “Other printed matter, including printed pictures and photographs.”
The Explanatory Notes to heading 4817, HTSUS, provide guidance on the scope of the heading. They read, in relevant part:
This heading covers paper stationery of the kind used in correspondence, e.g., envelopes, letter cards, plain postcards (including correspondence cards). Separate writing paper in loose sheets of in blocks and certain other articles referred to below are, however, excluded.
These articles may be printed with addresses, names, trade marks, decorations, crests, initials, etc., merely incidental to their use as stationery.
Letter cards are sheets of paper or paperboard or cards with gummed (and sometimes perforated) edges or other provision for closing or sealing without the use of envelopes.
Plain postcards do not fall in this heading unless they contain printed provision for the address or stam0p or other indications of their use.
Correspondence cards do not fall in this heading unless they have deckled or gilt edges or rounded corners, or are printed or otherwise prepared in such a manner as clearly to indicate their use as stationery. Plain cards not so prepared are classified in heading 48.23, as are, generally, unprinted visiting cares.
The heading also covers boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationery.
The cards in question clearly do not fall within the definitions of letter cards, plain postcards or correspondence cards, which are covered by the first part of heading 4817, HTSUS. Furthermore, the cards are not characteristic of any of the items in the second part of heading 4817, HTSUS, e.g., boxes, pouches,
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wallets and writing compendiums. Accordingly, we find that the cards do not meet the terms of heading 4817, HTSUS.
Heading 4909, HTSUS, provides for “Printed or illustrated postcards; printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or trimmings.”
The terms “greeting, message or announcement” are defined in Webster’s Deluxe Unabridged Dictionary, 1979, as follows:
greeting – the act or words of a person who greets [at 800];
See also Webster’s Ninth New Collegiate Dictionary, 1991, defining
greeting as “a salutation at meeting” or “expression of good wishes”;
message – any communication, written or oral, sent between persons
[at 1130];
announcement – a written or printed notice [at 74].
In our opinion, the definition of “message” – any communication, written or oral – has a broad application. For example, a communication may be in the form of an editorial comment, expression of an idea, or the transmission or conveyance of knowledge or information. However, we note that marketing information such as a bar code, style number, company name and address, design/copyright and country of origin, which is generally printed on the back of a card, does not constitute a message sent between persons for purposes of heading 4909, HTSUS.
Additionally, the Explanatory Notes to heading 4909, HTSUS, provide examples of the products comprised in the heading, particularly:
* * * *
Christmas, New Year, birthday or similar cards. These may be in the form of picture postcards, or consist of two or more folded leaves fastened together, one face or more being devoted to pictorial matter. The term “similar cards” is to be taken to include cards used to announce births or christenings, or for conveying congratulations or thanks. The printed cards may incorporate trimmings such as ribbons, cords, tassels and embroidery, or novelty features such as pull-out views, or be decorated with glass powder, etc.
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The nomenclature in heading 4909, HTSUS, and the Chapter 49 notes make a distinction between printed material in the form of literary text and printed material in the form of illustrations. For example, heading 4909, HTSUS, is divided into two parts, separated by a semicolon. The first part of the heading provides for “printed or illustrated postcards.” Emphasis added. The second part of the heading covers “printed cards bearing personal greetings, messages or announcements, whether or not illustrated, with or without envelopes or
trimmings.” Emphasis added. Based on the terms of the heading, the phrase “bearing personal greetings, messages or announcements” clearly requires some
form of literary text. Simply stated, cards of heading 4909, HTSUS, may consist of plain cards printed with a greeting, message or announcement, or cards with a printed greeting, message or announcement that are also decorated. The heading does not cover cards that are printed only with illustrations.
In addition to the language of heading 4909, Note 4 to Chapter 49, HTSUS, further demonstrates the distinction between literary and illustrated material for the purposes of that chapter. While the first part of that note addresses heading 4901, HTSUS (“Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets”), the last sentence is relevant in this case. It states that “printed pictures or illustrations not bearing a text, whether in the form of signatures or separate sheets, fall in heading 4911.” Emphasis supplied.
Heading 4911, HTSUS, provides for “other printed matter including printed pictures and photographs.”
The cards at issue contain historical information about the “Kayseri Wool Carpet” that is displayed on the front of the cards. We consider this information to be consistent with the definition of a message in that it transmits and/or conveys knowledge or information about the article depicted on the card. Moreover, we note that while a message is generally displayed on the face or interior of a card, neither the heading nor legal notes preclude the message from appearing on the back of the card. Thus, we find that the cards in question bear a message and are classifiable under heading 4909, HTSUS.
HOLDING:
NY E80406 is MODIFIED. The “carpet cards” containing a message in the form of historical information on the back of the cards are classified under subheading 4909.00.4040, HTSUS, as cards bearing a personal greeting, message or announcement.
The “carpet cards” bearing a written greeting, message or announcement on the face or interior of the cards were correctly classified under subheading 4909.00.4020, HTSUS.
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The cards are dutiable at the general column one rate at 0.5 percent ad valorem.
In accordance with 19 U.S.C. 1625(c), this ruling will become effective 60 days after its publication in the customs bulletin.
Sincerely,
Myles B. Harmon, Director
Commercial Rulings Division