HQ 0086377 - Ring Folders - United States International Trade Commision Rulings

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HQ 086377

February 14, 1990

CLA-2:CO:R:C:G 086377 SR

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9050

Peter J. Fitch, Esq.
Fitch, King and Caffentzis
116 John Street
New York, NY 10038

RE: Ring Folders

Dear Mr. Fitch:

This is in reference to your letter dated January 24, 1990, requesting the classification of ring folders under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). A sample produced in Taiwan or China was submitted.

FACTS:

The merchandise at issue consists of flocked man-made textile ring folders. They are used as point of purchase wrappings for band-type rings, to prevent the ring from being scratched during transport home from the store. The folder measures approximately 1-3/4 inches by 1-3/4 inches, when folded. The four sides of the folder each fold around a cardboard square that measures 1-1/2 inches by 1-1/2 inches. The flaps are held together by a snap closure. The inside square is covered with flocked textile and has a piece of plastic stretched across the top which holds down the ring.

ISSUE:

Whether the ring folders at issue are classifiable under heading 4202, HTSUSA, or heading 6307, HTSUSA.

LAW AND ANALYSIS:

Headquarters Ruling Letter (HRL) 085156, dated November 20, 1989, stated Customs position that containers that are essentially retail packaging, rather than boxes designed for the keeping of jewelry, are classifiable under the
appropriate heading pertaining to the materials of which the container is primarily composed. Jewelry boxes that are not merely retail packaging are classifiable under heading 4202, HTSUSA. This rule applies to jewelry pouches as well as jewelry boxes.

The ring folder at issue is the type of container that is given to the purchaser at the point of purchase to carry the ring home from the store. It is not the type of merchandise that is normally carried around in the purse or pocket. The ring folder at issue is essentially retail packaging, therefore, it is classifiable as a made up textile article.

HOLDING:

The ring folders at issue are classifiable under subheading 6307.90.9050, HTSUSA, which provides for other made up articles, other other. The rate of duty is 7 percent ad valorem.

Sincerely,

John Durant, Director

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