CLA-2-48:OT:RR:NC:4:434

Simone Simon
Agra Services Brokerage Co.
22120 147th Ave.
Jamaica, NY  11413

RE:      The tariff classification of journals from China

Dear Ms. Simon:

In your letter, dated May 20, 2024, you requested a tariff classification ruling on behalf of your client, United Paper and Craft LLC.  Samples of the items were submitted for our review.

Item numbers UP2275 and UP2276 are journals containing 120 lined pages glue-bound between hard covers.  The outer dimensions of the books measure approximately 6” x 8”, while the pages measure approximately 5 12/16” x 7 12/16”.  The two styles differ only by their front cover designs; UP2275 features a happy face, while UP2276 displays the words, “Never Stop Growing” over an illustration of mushrooms.  Both include a ribbon page marker.  The retail label identifies each item as a “journal.”

The applicable subheading for the journals will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Diaries, notebooks and address books.”  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 the World Wide Web at https://hts.usitc.gov/current.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 4820.10.2010, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, 9903.88.03, in addition to subheading 4820.10.2010, HTSUS, listed above.

The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.

For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china, respectively.

In your letter you request a determination as to whether antidumping/countervailing duty AD/CVD is applicable to your goods. Written decisions regarding the scope of AD/CVD orders are issued by the Enforcement and Compliance office in the International Trade Administration of the Department of Commerce (ITA) and are separate from tariff classification and origin rulings issued by Customs and Border Protection (CBP).  General information regarding the ITA and AD/CVD can be found at https://www.trade.gov/us-antidumping-and-countervailing-duties.  The ITA’s “Guide on How to File for an Antidumping/Countervailing Duty Scope Ruling Request” is available at https://enforcement.trade.gov/scope/Request-Scope-Ruling.pdf.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request.  This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1).  This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect.  In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.  Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP.

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 Charlene Miller at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division