CLA-2-48:OT:RR:NC:2:234

Mr. Sean Cole
Schering-Plough
3070 Route 22 West
Branchburg, NJ 08876

RE: The tariff classification of a journal from China

Dear Mr. Cole:

In your letter dated February 25, 2009, you requested a tariff classification ruling.

You submitted a journal for our examination which will be returned to you as requested. The journal is bound between soft covers, has lined paper, double ribbon page markers and measures approximately 5-1/2” x 3/8” x 8-1/4”. It is placed inside a polyurethane slipcover that has an elastic pen loop and a tab closure attached to the back cover that slides into a slotted opening. The “Novartis” logo is printed on the back cover. For tariff purposes, the journal is a composite good made up of items that are classifiable under two separate headings whose essential character is imparted by the journal. It is not marked to indicate its country of origin, stated to be China. The goods are required to be marked at time of importation.

The applicable subheading for the journal will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for diaries and address books, bound, of paper or paperboard. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

You have asked whether this product is subject to antidumping duties or countervailing duties (AD/CVD). Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs and Border Protection. You can contact them at http://www.trade.gov/ia/ (click on “Contact Us”). For your information, you can view a list of current AD/CVD cases at the United States International Trade Commission website at http://www.usitc.gov (click on “Antidumping and countervailing duty investigations”), and you can search AD/CVD deposit and liquidation messages using the AD/CVD Search tool at http://www.cbp.gov (click on “Import” and “AD/CVD”).

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling 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 the ruling, contact National Import Specialist Patricia Wilson at (646) 733-3037.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division