HQ 955247: Modification of NYRL 876703 (8/4/92); classification of diaries; day or week planners; organizers; address books; engagement books; heading 4820, HTSUSA; HRL 089960 (2/10/92); HRL 953413 (3/29/93).

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 955247

                        November 12, 1993

CLA-2 CO:R:C:T 955247 SK

CATEGORY: Classification

TARIFF NO.: 4820.10.2010

Mr. Dorf
Dorf International Ltd.
20 Vesey Street, ste. 1400
New York, N.Y. 10007

RE: Modification of NYRL 876703 (8/4/92); classification of      
    diaries; day or week planners; organizers; address books;    
    engagement books; heading 4820, HTSUSA; HRL 089960 (2/10/92); 
    HRL 953413 (3/29/93).

Dear Mr. Dorf:

     On August 4, 1992, the New York office of the U.S. Customs
Service issued you New York Ruling Letter (NYRL) 876703 in which
a sample "organizer" was classified under subheading
4820.10.4000, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA).  Upon review, this office deems that ruling
to be in error.  Our analysis follows.

FACTS:

     The article the subject of NYRL 876703 is described as an
organizer.  It is comprised of a textile-covered folder,
measuring in unfolded condition approximately 33.5 cm by 21 cm. 
It contains pockets into which are slipped a spiral-bound weekly
agenda (14 month), a note pad of unlined paper and an
address/telephone paper-bound book.  The folder has a textile
pocket with a velcro closure which holds small objects such as
business cards, cash, paper clips, etc.  The folder has a snap
closure at the end of a textile strip.

ISSUE:

     Whether the article at issue is classifiable under
subheading 4820.10.4000, HTSUSA, as an article similar to
registers, account books, notebooks receipt books and diaries, or
whether classification is proper as a diary under subheading
4820.10.2010, HTSUSA?


                              - 2 -
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 subject merchandise fits the definition of
"diary" or whether the article is more aptly described as similar
to a diary; this distinction governs classification of the
subject merchandise at the eight digit level within heading 4820,
HTSUSA.  

     In HRL 089960, dated February 10, 1992, and in HRL 953413,
dated March 29, 1993 (which partially affirmed the holding in HRL
951736, dated September 17, 1992, and concurred with the finding
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 and 089960, 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.  Similarly, this office is of the opinion
that the subject merchandise classified in NYRL 876703 also fits
squarely within the perimeters of this definition.  The weekly
agenda facilitates daily record keeping (we note that not all
methods of record keeping require significant amounts of writing
space as is normally associated with traditional diaries in which
the minutia of daily life is recorded in detail).  The note pad
similarly allows for record keeping and jottings and the address/
telephone book provides a place to keep names, addresses and
telephone numbers in a convenient and organized manner.  

     It is this office's position that the analysis set forth in
HRL 089960 is correct and applies to the article currently under
review.   Accordingly, the merchandise the subject of NYRL 876703



                              - 3 -

is classifiable as a bound diary under subheading 4820.10.2010,
HTSUSA.  

HOLDING:

     NYRL 876703 is modified.
     
     The folder with inserted weekly agenda, note pad and
address/telephone book is 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.

     In order to ensure uniformity in Customs' classification of
this merchandise and eliminate uncertainty, pursuant to section
177.9(d)(1), Customs Regulations (19 CFR 177.9(d)(1)), NYRL
876703 is modified to reflect the above classification effective
with the date of this letter.  




                               Sincerely,



                               John Durant, Director
                               Commercial Rulings Division