CLA-2-48:S:N1:234 875162
Mr. Thomas E. Bernstein
Leeds Leather Products
4431 William Penn Highway
Murrysville, PA 15668
RE: The tariff classification of "Pocket Secretaries" (blank
books; organizers; planners; engagement calendars; diaries) from
China.
Dear Mr. Bernstein:
In your letter dated May 29, 1992, you requested a tariff
classification ruling. Two samples were submitted and will be
retained for reference.
The style 0600-30 "Pocket Secretary" consists of a metal
six-ring binder mechanism which is permanently mounted inside a
"Coskin" (vinyl) book-like case. The binder holds numerous paper
inserts (pages) divided into three sections, each designed to
receive certain kinds of written entries or notations: a 12-
month, week-in-view engagement calendar/planner, a tab-indexed
telephone/address directory, and a 30-page note pad. Although
your letter refers to this product as a "zippered" Pocket
Secretary, the sample has a snap closure, rather than a zipper.
When closed it measures about 1" x 4 1/2" x 7". The inside of the
cover also incorporates pockets for storing loose papers and the
like.
Style 1000-30 is basically the same, except that its cover
is made of leather instead of vinyl. (The submitted sample lacks
paper inserts, but your letter states, and you have confirmed
over the telephone, that the imported version of this product
will contain the same type of pages described above. The ruling
that follows will not apply to any empty binders or cases.)
On the basis of Headquarters Ruling (HQ) 951076, issued to
your firm on March 18, 1992, you suggest classification as
"other" diaries and similar articles, in subheading 4820.10.4000,
Harmonized Tariff Schedule of the United States (HTS). However,
we note that HQ 951076 concerned, in relevant part, a style 1000-
03 "Pocket Secretary" which, unlike the items currently under
review, did not have a ring binder. Rather, its
telephone/address book, engagement book and note pad were held in
place by means of cardboard appendages slipped into pockets on
the inside of a leather case.
With regard to ring-binder type planners such as those now
before us, Customs' current position is that such articles are
"bound diaries." Such a determination was made in HQ 089960,
issued to another inquirer on February 10, 1992.
Accordingly, the applicable subheading for the style 0600-30
and 1000-30 "Pocket Secretaries" will be 4820.10.2010, HTS, which
provides for diaries and address books, bound. The rate of duty
will be 4%.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport