The tariff classification of a girl’s nail-care book with accessories, from China.

NY K84241 March 24, 2004 CLA-2-49:RR:NC:SP:234 K84241 CATEGORY: Classification TARIFF NO.: 4901.99.0092 Mr. Steven De Core D & D Customhouse Brokerage Inc. 701 Newark Avenue, Suite LL1 Elizabeth, NJ 07208 RE: The tariff classification of a girl’s nail-care book with accessories, from China. Dear Mr. De Core: In your letter dated March 12, 2004, you requested a tariff classification ruling on behalf of Wallace of Bridgeport dba Top That, Inc. A sample identified as “Action Pack Funky Fingernails” was submitted for our examination and is being returned to you as requested. It is a 24-page illustrated paperbound book on the subject of nail care/decoration for young girls. The book has an extended back cover that holds and displays a blister pack containing accessories to help the user get started in the activity described in the text. The accessories included are 2 sets of false nails with stick-on pads, 1 heart-shaped nail buffer and 3 small sheets of decorative nail stickers. There is also a small sheet of paperboard that has been scored/perforated to allow the user to punch out “toe dividers” as well as a holder for the false nails. For tariff classification purposes, this product will be regarded as “goods put up in sets for retail sale” whose essential character is imparted by the book. Accordingly, the applicable subheading for the complete “Action Pack Funky Fingernails” will be 4901.99.0092, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) printed books: containing 5 or more pages each, but not more than 48 pages each. The rate of duty will be Free. The book contains, on its title page, a printed copyright claim which includes a United States address: 27023 McBean Parkway, #408 Valencia, CA 91355. This triggers the provisions of Section 134.46, Customs Regulations (19 CFR 134.46), which reads: “Marking when name of country or locality other than country of origin appears. In any case in which…the name of any city or location in the United States…appears on an imported article…and that name may mislead or deceive the ultimate purchaser as to the actual country of origin of the article, there shall appear legibly and permanently in close proximity to such name, and in at least a comparable size, the name of the country of origin preceded by ‘Made in’, ‘Product of’, or other words of similar meaning.” 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