HQ 955199

January 24, 1994

CLA-2 CO:R:C:T 955199 SK

CATEGORY: Classification

TARIFF NO.\'s: 4820.10.2010; 4820.10.4000

Terrie Hanrahan

Hallmark Cards Incorporated

Kansas City, Missouri 64141

RE: Classification of diaries; day/week/month planners; organizers;

engagement books; subheading 4820.10.2010, HTSUSA; HRL 089960

(2/10/92); HRL 953413 (3/29/93); HRL 955253 (11/10/93) modified HRL

085151 (11/9/89); car care agenda; gift idea agenda; articles

similar to diaries; 4820.10.40, HTSUSA;

Dear Ms. Hanrahan:

This is response to your letter of September 23, 1993, in

which you request a binding classification ruling for five

different styles of engagement books and related articles which

you identify as part of Hallmark\'s \"Plan-on-It\" everyday line.

Samples were submitted to this office for examination.

FACTS:

The subject merchandise is identified as follows:

ITEM 1: Style 450 HPO 4543 \-- \"Special Occasion Book\"

This item is a sewn-bound, soft-cover book measuring approximately

3 inches by 4 1/2 inches. Most of its pages are headed with the

name of a month followed by three blank areas, each of which is

captioned for the entry of a name, date, occasion and gift idea.

There are also several pages of plain, lined paper designated for

\"Notes.\"

ITEM 2: Style 600 HPO 4343 \-- \"Car Care Planner\"

This item is a sewn-bound, soft-cover book measuring approximately

3 1/4 inches by 6 1/4 inches. Its pages are printed with grids in

which a motorist can fill in mileage readings, gallons of fuel,

cost, miles per gallon and dates. Additional pages are captioned

for entries of service, repair records and notes.

ITEM 3: Style 750 HPO 2043 \-- \"Two-Year Monthly Planner\"

This item is a sewn-bound, soft-cover book measuring approximately

3 1/4 inches by 6 1/4 inches. It contains year-at-a-glance

calendar grids for 1994 and 1995 and each month for 1994 is

allocated two pages upon which approximately one square inch of

writing space is provided for each day. This item also has a

section filled with blank, lined pages captioned \"Notes,\" a section

for \"Names and Numbers,\" a listing of 1994 and1995 holidays, and

a map of the United States depicting area codes and time zones.

ITEM 4: Style 1000 HPO 5043 \-- \"Weekly Planner\"

This item is a spiral bound, soft-cover book measuring

approximately 8 inches by 11 inches. Its pages are captioned with

specific dates and provide writing spaces for planning one\'s day

in half-hour increments. This item also has a section filled with

blank, lined pages captioned \"Notes,\" a year-at-a-glance calendar

grid for 1994 and 1995, a section for \"Frequently Called Numbers,\"

a listing of 1994 and 1995 holidays, and a section captioned \"Dates

to Remember.\"

ITEM 5: Style 1200 HPO 5443 \-- \"Weekly and Monthly Planner\"

This item is a spiral-bound, soft-cover book measuring

approximately 8 inches by 11 inches. It is very similar to item

4, except that it includes an additional calendar grid section in

which one month can be viewed on a two-page spread.

ISSUE:

Whether the articles at issue are classifiable as diaries

under subheading 4820.10.2010, HTSUSA, or as articles similar to

registers, account books, notebooks receipt books and diaries under

subheading 4820.10.4000, HTSUSA?

LAW AND ANALYSIS:

Classification of merchandise under the Harmonized Tariff

Schedule of the United States Annotated (HTSUSA) is governed by

the General Rules of Interpretation (GRI\'s). GRI 1 provides that

classification shall be determined according to the terms of the

headings and any relative section or chapter notes, taken in order.

Merchandise that cannot be classified in accordance with GRI 1 is

to be classified in accordance with subsequent GRI\'s.

Heading 4820, HTSUSA, provides for, in pertinent part,

notebooks, memorandum pads, diaries and similar articles. At issue

is whether the articles in question fit the definition of \"diary\"

or whether these articles are more aptly described as articles

similar to those enumerated in subheading 4820.10.20, HTSUSA,

(i.e., diaries, notebooks, address books, memo pads, etc\... ).

In your submission to this office, you state that the five

articles under review are classifiable under subheading

4820.10.4000, HTSUSA, as articles \"similar to\" diaries. In support

of your contention, you cite Headquarters Ruling Letter (HRL)

085151, dated November 9, 1989, in which Customs classified an

engagement book under this subheading. HRL 085151 was modified by

HRL 955253, dated November 10, 1993, and the engagement book was

subsequently classified as a diary under subheading 4820.10.2010,

HTSUSA.

In reaching its conclusion in HRL 955253, this office relied

on the analysis set forth in HRL 089960, dated February 10, 1992,

and in HRL 953413, dated March 29, 1993. These rulings held that

day planners, organizers and the like were properly deemed to be

a form of \"diary.\" Customs relied on lexicographic sources in

making the determination as to what constituted a diary. The term

\"dairy\" is defined in the Compact Edition of the Oxford English

Dictionary, 1987, as:

2\. A book prepared for keeping a daily record, or having

spaces with printed dates for daily memoranda and jottings; also

applied to calendars containing daily memoranda on matters of

importance to people generally or to members of a particular

profession, occupation, or pursuit.

In HRL\'s 953413, 089960 and 955253, this office held that

articles known as daily planners/calendars and agendas fit the

definition of \"diary\" as set forth in the Compact Edition of the

Oxford English Dictionary. We note that this interpretation also

reflects the common and commercial identity of these items in

the marketplace. The New Yorker magazine regularly displays full-

page advertisements for its \"1994 New Yorker Desk Diary.\" The

advertisement\'s copy reads:

\"Since you depend on a diary every day of the year, pick the

one that\'s perfect for you \... \[R\]ecognize what\'s important to you:

a week at a glance, a ribbon marker, lie flat binding (spiral),

lots of space to write.\"

These diaries also come in pocket-sizes.

We are of the opinion that the weekly and monthly planners at

issue, items 3, 4 and 5, fit squarely within the perimeters of the

definition of \"diary\" set forth above. In essence, these planners

enable users to organize their day, record events and data and have

other useful information available to them in a cohesive fashion.

Items 3, 4 and 5 present the months, weeks and days of the year in

an organized manner and provide space for the recordation or

planning of events and for the writing of notes and memoranda.

They also provide a list of holidays, a map with time zones and

area codes, and pages for frequently called telephone numbers. It

is this office\'s opinion that the analysis set forth in HRL 089960

is correct and applies to items 3, 4 and 5 in the instant case.

Accordingly, styles 750 HPO 2043, 1000 HPO 5043 and 1200 HPO 5443

are classifiable as bound diaries under subheading 4820.10.2010,

HTSUSA.

Items 1 and 2, referenced above as the \"Special Occasion

Planner\" and the \"Car Care Planner,\" are not diaries in the same

sense as defined in the Compact Edition of the Oxford English

Dictionary set forth supra. Rather, items 1 and 2 are similar to

diaries; they, too, are organizational tools, but not in the

general sense that a diary connotes. Their usefulness in planning,

organizing and providing information is limited only to situations

involving car maintenance and gift giving. Hence, items 1 and 2

(styles 450 HPO 4543 and 600 HPO 4343) are properly classifiable

as \"similar to\" diaries under subheading 4820.10.4000, HTSUSA.

HOLDING:

Styles 750 HPO 2043, 1000 HPO 5043 and 1200 HPO 5443 are

classifiable under subheading 4820.10.2010, HTSUSA, which provides

for, inter alia, bound diaries and address books dutiable at a rate

of 4 percent ad valorem. There is no textile quota category

applicable to the merchandise at this time.

Styles 450 HPO 4543 and 600 HPO 4343) are classifiable under

subheading 4820.10.4000, HTSUSA, which provides for, inter alia,

articles similar to diaries and address books, with no rate of duty

and no textile quota category applicable to the merchandise at this

time.

Due to the nature of the statistical annotation (the ninth

and tenth digits of the classification) and the restraint

(quota/visa) categories, you should contact your local Customs

office prior to importation of this merchandise to determine the

current status of any import restraints or requirements.

Sincerely,

John Durant, Director

Commercial Rulings Division