HQ 083817
April 28 1989
CLA 2 CO:R:C:G 083817 DSN
Mrs. Renee I. Abend
Import Traffic Manager
Davies, Turner & Co.
One World Trade Center
New York, New York 10048
RE: Classification of executive organizers
Dear Mrs. Abend:
This ruling letter is in response to your inquiry of February 17, 1989, on behalf of Elizabeth Leather Bags Co., Inc., requesting tariff classification for executive organizers under
the Harmonized Tariff Schedule of the United States (HTSUS). Two samples produced in Taiwan were submitted for examination. A brochure was also submitted showing other styles.
FACTS:
Style number 213 is a leather covered, telephone address book. It has a six ring looseleaf binder filled with captioned paper inserts and transparent plastic pages which incorporate
pockets designed to hold business cards.
Style number 208 is a leather covered, sectional calendar telephone address note type book. The items are removable and are held in place by cardboard appendages which slide into
pockets on the inside covers. The calendar and telephone address sections are spiral bound, paperboard with perforated paper. The note pad section is also of paperboard with perforated paper.
The samples at issue are not legally marked pursuant to 19 CFR 134.41. While country of origin marking is not required to be in the most conspicuous place, it is required to be in a place which is conspicuous enough so that the ultimate purchaser can
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find the marking easily and read it without strain. (19 CFR 134.41(b)). Paper labels tucked inside the pockets of the samples at issue do not comply with proper country of origin
marking.
In the absence of samples we are unable to provide a ruling for the other items described in your brochure.
ISSUE:
Whether the merchandise at issue is classified under heading 4820, HTSUS.
LAW AND ANALYSIS:
Heading 4820, HTSUS, provides for notebooks, memorandum pads, diaries and similar articles, binders (looseleaf or other), of paper or paperboard. The Explanatory Notes constitute the official interpretation of the tariff at the international level. The Explanatory Notes state for heading 4820 that the heading includes letter pads, memorandum pads, address books and books,
and pads for entering telephone numbers. The goods of this heading may be bound with material other than paper, such as leather, and have reinforcement or fittings of metal. Since both
the samples at issue are telephone address books and are bound with leather they are classifiable under heading 4820, HTSUS. The fact that sample number 208 also has a calendar section does
not preclude it from classification under the above heading, because it is similar to the named exemplars.
HOLDING:
The samples at issue are classified under subheading 4820.10.20, HTSUS, which provides for diaries, notebooks and address books bound; memorandum pads, letter pads and similar articles, dutiable at 4 percent ad valorem.
Sincerely,
John Durant, Director
Commercial Rulings Division