N141115 N1 Ruling Active

The tariff classification of Valentine Exchange cards from China

Issued February 1, 2011 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 4911.99.6000

Headings: 4911

GRI rules applied: GRI 3(b)

Product description

The Valentine exchange cards are “packaged for retail sale” in a rectangular carton. The cartons contain thirty-four, foldable exchange cards which are lithographically printed with seven different designs per box. The Valentine cards contain pictures and captions on one side and spaces on the reverse side with the words “To” and “From” to enter the recipient and sender. The Valentine Exchange Cards are packaged with thirty-five, lithographically printed stickers or tattoos or one, lithographically printed poster in each carton. The cards depict characters from Disney, NBA, Nickelodeon, Marvel, and others. The Valentine exchange cards also include two sticker sheets of forty-eight, lithographically printed hearts for the purpose of decorating the cards. For tariff classification purposes, the items will be regarded as “goods put up in sets for retail sale”. General Rule of Interpretation (GRI) 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their “essential character.” In this case, the lithographically printed exchange cards impart the essential character of the set.

CBP rationale

The applicable subheading for the lithographically printed exchange cards will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other printed matter, including printed pictures and photographs: Other: Other: Other: Printed on paper in whole or in part by a lithographic process.

Full text

N141115 February 1, 2011 CLA-2-49:OT:RR:NC:2:234 CATEGORY: Classification TARIFF NO.: 4911.99.6000 Ms. Colleen Granahan Paper Magic Group 54 Gelnmaura National Blvd Moosic, PA 18507 RE: The tariff classification of Valentine Exchange cards from China Dear Ms. Granahan: In your letter dated December 22, 2010, you requested a tariff classification ruling. The ruling was requested on various styles of Valentine exchange cards. Representative samples were submitted for our review and will be returned to you as requested. The Valentine exchange cards are “packaged for retail sale” in a rectangular carton. The cartons contain thirty-four, foldable exchange cards which are lithographically printed with seven different designs per box. The Valentine cards contain pictures and captions on one side and spaces on the reverse side with the words “To” and “From” to enter the recipient and sender. The Valentine Exchange Cards are packaged with thirty-five, lithographically printed stickers or tattoos or one, lithographically printed poster in each carton. The cards depict characters from Disney, NBA, Nickelodeon, Marvel, and others. The Valentine exchange cards also include two sticker sheets of forty-eight, lithographically printed hearts for the purpose of decorating the cards. For tariff classification purposes, the items will be regarded as “goods put up in sets for retail sale”. General Rule of Interpretation (GRI) 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods “shall be classified as if they consisted of the material or component which gives them their “essential character.” In this case, the lithographically printed exchange cards impart the essential character of the set. The applicable subheading for the lithographically printed exchange cards will be 4911.99.6000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other printed matter, including printed pictures and photographs: Other: Other: Other: Printed on paper in whole or in part by a lithographic process. 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/. 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 the National Import Specialist at (646) 733-3037. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division

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