CLA-2-49:RR:NC:2:234 D84435

Mr. Ian B. Whiton
Transmonde Marketing Group, Ltd.
1368 East 18th Street, Suite 2R
Brooklyn, New York 11230

RE: The tariff classification of an Oriental styled scroll calendar, from China.

Dear Mr. Whiton:

In your letter dated October 26, 1998, to the Assistant Area Director (Commercial Operations), U.S. Customs Service, JFK Airport, on behalf of your client, Arizona Beverages, Lake Success, New York, you requested a tariff classification ruling for certain printed calendars. A sample was submitted, and will be retained for reference.

The article is a scroll calendar for the year 1999, printed on narrow strips of paper bound at intervals of about 1 cm by white thread. It measures, when unrolled for hanging, about 75 cm by 32 cm. The paper strips are 0.32 in thickness. The printing is in four-color lithography.

The calendar has two wooden sticks (top and bottom) for support, and a ribbon for hanging. It is packaged for retail distribution in a polybag, within a gift box. The upper support stick has a pressure-sensitive label affixed with your firms name, address, telephone number and fax number printed on it.

The gift box, printed "New-Cane Wallscroll", also has the pressure-sensitive label affixed to it. Your client will give away or sell these calendars as a "promotion".

The applicable subheading for this product will be 4910.00.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for: Calendars of any kind..: Printed on paper or paperboard in whole or in part by a lithographic process: Not over 0.51 mm in thickness. The rate of duty is Free.

The sample calendar is not legally marked to indicate to an ultimate purchaser in the United States that it is a product of China. The imported calendars it represents must be so marked to be admissible into the United States. This is the case whether your client intends to sell them or to give them away free of charge. Further, since your U.S. address is permanently affixed to the calendars and to the gift boxes in which they will be distributed, the country of origin marking, "Made in China" must be placed in close proximity to that U.S. address (on the box and on the calendar), and must be in type of comparable size.

Failure to attend to this country of origin marking requirement may result in detention of the goods, and the imposition of monetary penalties and/or the assessment of substantial duties.

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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733.


Robert B. Swierupski
National Commodity
Specialist Division