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NY 877067


August 14, 1992

CLA-2-48:S:N1:234 877067

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2050; 4820.30.0040; 6307.90.9986

Ms. Winnie Chu
Pericles Enterprises Limited
Unit 3, 6/F., Wah Wai Industrial Center
38-42 Au Pui Wan Street, Fotan
N.T., HONG KONG

RE: The tariff classification of fabric-covered notebooks, portfolios and binders from China.

Dear Ms. Chu:

In your letter dated July 31, 1992, you requested a tariff classification ruling. Four samples were submitted and will be retained for reference.

Item 37-001, "Wire Bound Notebook Folio," consists of a spiral-bound blank paper notebook, the back cover of which has been slipped into a pocket inside an 8 3/4 x 11 1/2 inch folder. The folder is made of nylon textile fabric which envelops a cardboard stiffener and foam padding; it features a strap closure with a "Velcro"-type fastener.

The applicable subheading for item 37-001 will be 4820.10.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for notebooks of paper or paperboard. The rate of duty will be 4%.

Item 37-002, "Port-Pac-Folio," is a similar article, except that the folding nylon cover contains (instead of a notebook) a spiral-bound set of five paper "portfolios," i.e., paper folders with inside pockets for holding documents, loose papers and the like. In this instance, the nylon cover lacks a closure, but it incorporates an interior zippered pocket for holding additional small items.

The applicable subheading for item 37-002 will be 4820.30.0040, HTS, which provides for folders of paper or paperboard. The rate of duty will be 5.3%.

Item 37-003, "School Ensemble Binder," is another nylon folder with strap closure. In this instance it measures 11 1/2 x 12 1/2 inches and contains a metal 3-ring binder which holds 100 sheets of blank filler paper and five tabbed subject dividers. The binder is also said to hold a 12-page "printed planner," but in the sample this component consists merely of blank paper.

The applicable subheading for item 37-003 will be 4820.10.2050, HTS, which provides for notebooks of paper or paperboard. The rate of duty will be 4%.

Item 37-004, "Zipper Binder," is a 12 x 14 inch folding nylon cover, similar in construction to those described above, but in this instance having a zipper closure. It has interior storage pockets and a metal 3-ring binder, but no pages or other paper inserts.

The applicable subheading for item 37-004 will be 6307.90.9986, HTS, which provides for other (non-enumerated) made up textile articles. The rate of duty will be 7%.

We note that the samples are not marked with their country of origin. The goods will be required to be so marked, permanently, legibly, and in a conspicuous place, upon importation into the United States.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire

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