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NY 802549




October 21, 1994

CLA-2-42:S:N:N6:341-802549

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.6000

Mr. Thomas E. Bernstein, V.P.
Leeds Business Accessories
4431 William Penn Highway
Murrysville, PA. 15668

RE: The tariff classification of portfolio from China

Dear Mr. Bernstein:

In your letter dated September 21, 1994, you requested a tariff classification ruling.

A sample of item 0800-27 has been submitted. It is a briefcase style portfolio which measures 14 1/4" x 10 3/4" x 2 1/2" and is manufactured of textile materials and imitation leather trim. The outer surface is said to be composed of a textile fabric having a composition of 55 % ramie and 45% polpropylene yarns by weight. It possesses a zipper closure along three sides and is carried by means of double retractable handle, or a removable shoulder strap, or is simply carier in the hand. There is a metal three ring binder affixed at the interior spline. The exterior has a pocket which measures 8 1/2 x 14" on each of the front and back panels. The interior has a slot for a standard 8 1/5" x 11" writing pad and a pen holder on one side. The opposite interior side has a full sized gusseted folder, a full width pocket which has a depth of 3/4", a 6" deep zippered pocket, 5 credit card type slots, a slot suitable for a computer disk, a slot suitable for a small calculator and a clear window slot suitable for a identification card. The sample received contains a system of pages identified as "Time Management" inserted into the three ring binder and a writing pad inserted into the pad holder. The system includes a non-dated month in view calendar and pages identified as note, objectives, projects, expenses and telephone and address index pages. The cost of the business case with ring binder is said to be $6.00, the paper inserts are $2.00 and the pad is $0.34.

Item 0800-27 is essentially a business case which has a ring binder manufactured as part of the case. Whether or not it is imported or sold with the paper inserts, the container remains a business case of the kind classified within Heading 4202, Harmonized Tariff System of the United States, Annotated. It is not unusual for a business case to contain a binder whether it is separate from or a manufactured part of the case. The instant case imparts the essential character in that it constitutes the essential role and greatest value of the article. The item is at all times a business case. The ring binder may be used to contain the instant collection of pages or simply be used to contain other pages, printed or otherwise.

The applicable subheading for item 080-27, when in chief weight of ramie, will be 4202.12.6000, Harmonized TariffSchedule of the United States (HTS), which provides in part for briefcases, school satchels and similar containers, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, other. The duty rate will be 6.5% ad valorem.

Tariff number 4202.12.6000 falls within textile category designation 870. Based upon international textile trade agreements, products of China are subject to quota and visa retrictions.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result ofinternational bilateral agreements which are subject to frequent renegotiations and changes, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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
Area Director

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