CLA-2 CO:R:C:T 089850 CRS

David A. Eisen, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, NY 10004

RE: Mini file-a-fax; plastic folder, ballpoint pen, address book and note pad; not similar to containers of heading 4202; planner; diary.

Dear Mr. Eisen:

This is in reply to your letter dated June 19, 1991, to our New York office, on behalf of Avon Products, Inc., in which you requested a tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) on the merchandise described below. A sample was provided.

FACTS:

The article in question is described as a "mini file-a-fax." The exterior of the article is made from plastic sheeting and measures approximately 7 inches in length by 3 inches in width in its unfolded state, and 4 inches by three inches in its folded condition. The front and back of the article are reinforced by cardboard and plastic stiffeners. The "file-a-fax" contains a note pad, a ball point pen, clear plastic inserts for items such as business cards, and an address book. The address book and note pad are secured by placing the cardboard backing of each into slits in the interior of the plastic covering. The address book note pad and pen are removable. The imported article will be manufactured in Taiwan or China.

ISSUE:

The issue presented is whether a plastic folder that houses an address book, a note pad and a ball point pen is classifiable as a diary, or under a provision for articles similar to certain enumerated containers.

LAW AND ANALYSIS:

The following headings merit consideration: heading 4820, HTSUSA, which provides, inter alia, for notebooks, diaries and similar articles; and heading 4202, HTSUSA, which provides, inter alia, for wallets and similar containers.

Heading 4202 provides for a wide range of containers, among which are included wallets and similar articles. In Headquarters Ruling Letter (HRL) 088430 dated April 11, 1991, we stated with regard to a tri-fold planner similar to the article in question:

We do not believe that heading 4202, HTSUSA, describes a type of merchandise which would bring these goods within the "similar containers" of that heading. Although the "planner" may appear to be related to the containers of heading 4202, HTSUSA, they are not similar in that they are not designed or intended for use in a similar manner, nor do they exhibit the requisite physical attributes that Customs has found common to goods of heading 4202, HTSUSA.

Customs is therefore of the opinion that the mini file-a-fax in question is distinguishable from containers of heading 4202.

Heading 4820, however, provides for notebooks, diaries and similar articles. The term "diary" is defined in The Compact Edition of the Oxford English Dictionary 1987 as:

2. A book prepared for keeping a daily record, or having spaces with printed dates for daily memoranda and jottings; also applied to calendars containing daily memoranda on matters of importance to people generally, or to members of a particular profession, occupation, or pursuit.

Id. at 321. The mini file-a-fax is designed to keep daily records and memoranda. It contains a calendar, an address book, a note pad and small ball point pen. Although it contains a pen, the pen is included merely to complement the articles contained in the file-a-fax; moreover, its value in relation to the whole is slight. In this instance, Customs considers that heading 4820 contemplates, and includes within its scope, diaries that contain complementary goods, e.g., a pen or pencil, so long as the complements do not alter the article's essential character.

HOLDING:

The article in question is classifiable in subheading 4820.10.4000, HTSUSA, under the provision for registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: other. Articles classifiable in this subheading are free of duty.

Sincerely,

John Durant, Director
Commercial Rulings Division