J80696 J8 Ruling REVOKED

The tariff classification of flocked picture cards with pens, from China.

Issued February 7, 2003 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 4823.90.6600

Headings: 4823

Product description

It is a retail bag containing 16 “Velvet Treat” packets intended to be given out to children on Halloween. Each packet contains a 2¾” x 3¾” flocked paper “picture card” together with a small (3”) felt-tipped marker pen. The cards bear assorted designs or scenes (involving jack-o-lanterns, bats, tombstones, etc.) formed by black flock affixed to selected portions of the surface. The white, unflocked areas are to be colored using the pen provided. You propose classifying this product in subheading 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) festive, carnival or other entertainment articles. We find, however, that because the product is not used either to decorate the home or to entertain in the home on Halloween, it is not classified within heading 9505, HTS. For tariff purposes, the merchandise will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the flocked paper cards.

CBP rationale

The applicable subheading for the “HTP Velvet Picture Treats” will be 4823.90.6600, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of coated paper or paperboard.

Full text

NY J80696 February 7, 2003 CLA-2-48:RR:NC:SP:234 J80696 CATEGORY: Classification TARIFF NO.: 4823.90.6600 Mr. Joseph Stinson Liss Global, Inc. 7746 Dungan Road Philadelphia, PA 19111 RE: The tariff classification of flocked picture cards with pens, from China. Dear Mr. Stinson: In your letter dated January 30, 2003, you requested a tariff classification ruling. A sample identified as “HTP Velvet Picture Treats” (item #932021) was submitted and is being returned to you as requested. It is a retail bag containing 16 “Velvet Treat” packets intended to be given out to children on Halloween. Each packet contains a 2¾” x 3¾” flocked paper “picture card” together with a small (3”) felt-tipped marker pen. The cards bear assorted designs or scenes (involving jack-o-lanterns, bats, tombstones, etc.) formed by black flock affixed to selected portions of the surface. The white, unflocked areas are to be colored using the pen provided. You propose classifying this product in subheading 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) festive, carnival or other entertainment articles. We find, however, that because the product is not used either to decorate the home or to entertain in the home on Halloween, it is not classified within heading 9505, HTS. For tariff purposes, the merchandise will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the flocked paper cards. The applicable subheading for the “HTP Velvet Picture Treats” will be 4823.90.6600, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) articles of coated paper or paperboard. The rate of duty will be 0.6%. 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 Carl Abramowitz at 646-733-3037. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division

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