HQ 950984: Agenda book; diaries and similar articles; HRL 089850.

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 950984

                        January 27, 1992



CLA-2 CO:R:C:T 950984 CRS

CATEGORY:  Classification

TARIFF NO.:  4820.10.4000

Advance Shipping Co., Inc.
30 Vesey Street
New York, NY 10007

RE:  Agenda book; diaries and similar articles; HRL 089850.

Dear Sirs:

     This is in reply to your letter dated December 20, 1991, to
our New York office, on behalf of Michael Stevens, Ltd., in which
you requested a tariff classification ruling under the Harmonized
Tariff Schedule of the United States Annotated (HTSUSA).  A
sample was provided.

FACTS:

     The merchandise in question is an agenda book consisting of
an imitation leather cover, a memorandum pad, an address book and
a ball point pen.  The article is of bifold construction and when
closed measures 4 inches by 6 inches by 1 inch.  The address book
etc., insert into sleeves in the sides and center of the cover. 
The agenda fastens by means of a snap closure.  The cover will be
manufactured in China; the printed matter in Hong Kong.

ISSUE:

     The issue presented is whether the article in question is
classifiable as a diary.

LAW AND ANALYSIS:

     Heading 4820, HTSUSA, provides, inter alia, for diaries and
similar articles.  The term "diary" is defined in The Compact
Edition of the Oxford English Dictionary 327 (1987) as:

     2.  A book prepared for keeping a daily record, or
     having spaces with printed pages 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.

The instant agenda is designed to keep daily records, addresses
and memoranda.  While the agenda also includes a pen, Customs is
of the view that heading 4820 contemplates diaries that contain
complementary goods such as a pen or pencil, so long as these
items do not transform the article's essential character. 
Headquarters Ruling Letter (HRL) 089850 dated January 8, 1992.

HOLDING:

     The article in question is classifiable in subheading
4820.10.4000, HTSUSA, under the provision for registers, account
books, notebooks, order books, receipt books, letter pads,
memorandum pads, diaries and similar articles:  other.  Articles
classifiable in this subheading are free of duty.

                         Sincerely,




                         John Durant, Director