N265974 N2 Ruling Active

The tariff classification of a Pop Glam My Secrets Diary from China.

Issued July 14, 2015 by U.S. Customs and Border Protection.

Tariff classification

HTS codes: 4820.10.2010

Headings: 4820

GRI rules applied: GRI 3(b)

Product description

Item number 9034337 is described as a “Pop Glam My Secrets Diary”. The item consists of a diary, book mark with ribbon, one ball point pen and two sticker sheets. The diary measures approximately 6 ¾ inches in height by 4 ¾ inches in width and contains forty-six sheets of lined paper with a space for the date and entries. The diary features a lock and 2 keys. Each sticker sheet contains twenty-nine stickers and measures approximately 6 ¾ inches in height by 3 inches in width. The items are intended to be used by children ages 6 and older. All of the items are packaged together for retail sale. Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Pop Glam My Secrets Diary to be a set for tariff classification purposes, with the essential character imparted by the diary.

CBP rationale

The applicable subheading for the Pop Glam My Secrets Diary will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationery, of paper or paperboard; albums for samples or for collections and book covers (including cover boards and book jackets) of paper or paperboard: Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Diaries and address books.

Full text

N265974 July 14, 2015 CLA-2-48:OT:RR:NC:N4: 234 CATEGORY: Classification TARIFF NO.: 4820.10.2010 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a Pop Glam My Secrets Diary from China. Dear Ms. Aldinger: In your letter dated June 15, 2015, you requested a tariff classification ruling. The sample submitted will be returned to you. Item number 9034337 is described as a “Pop Glam My Secrets Diary”. The item consists of a diary, book mark with ribbon, one ball point pen and two sticker sheets. The diary measures approximately 6 ¾ inches in height by 4 ¾ inches in width and contains forty-six sheets of lined paper with a space for the date and entries. The diary features a lock and 2 keys. Each sticker sheet contains twenty-nine stickers and measures approximately 6 ¾ inches in height by 3 inches in width. The items are intended to be used by children ages 6 and older. All of the items are packaged together for retail sale. Explanatory Notes to the Harmonized Tariff System provide guidance in the interpretation of the Harmonized Commodity Description and Coding System at the international level. Explanatory Note X to GRI 3(b) provides that the term "goods put up in sets for retail sale" means goods that: (a) consist of at least two different articles which are, prima facie, classifiable in different headings; (b) consist of articles put up together to meet a particular need or carry out a specific activity; and (c) are put up in a manner suitable for sale directly to users without repacking. Goods classifiable under GRI 3(b) are classified as if they consisted of the material or component which gives them their essential character, which may be determined by the nature of the material or component, its bulk, quantity, weight or value, or by the role of a constituent material in relation to the use of the article. This office considers the Pop Glam My Secrets Diary to be a set for tariff classification purposes, with the essential character imparted by the diary. The applicable subheading for the Pop Glam My Secrets Diary will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles, exercise books, blotting pads, binders (looseleaf or other), folders, file covers, manifold business forms, interleaved carbon sets and other articles of stationery, of paper or paperboard; albums for samples or for collections and book covers (including cover boards and book jackets) of paper or paperboard: Registers, account books, notebooks, order books, receipt books, letter pads, memorandum pads, diaries and similar articles: Diaries, notebooks and address books, bound; memorandum pads, letter pads and similar articles: Diaries 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 TSUS 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 National Import Specialist Albert Gamble at [email protected]. Sincerely, Gwenn Klein Kirschner Director National Commodity Specialist Division

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