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NY 809829




May 18, 1995

CLA-2-63:S:N:N6:345 809829

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Arthur O'Meara
World Commerce Systems, Ltd.
P.O. Box 66593
O'Hare Field
Chicago, Illinois 60666

RE: The tariff classification of "Item ST-815" from China.

Dear Mr. O'Meara:

In your letter dated April 21, 1995, On behalf of Kingport International Corporation, you requested a tariff classification ruling.

The sample submitted, "Item ST-815", consists of a 3-ring binder mechanism, permanently mounted inside a folding zippered case measuring approximately 14" x 11" x 2". The case is made of ramie woven fabric. In addition to the binder mechanism the interior of the case features a number of pockets designed to hold loose papers and small articles. The article is trimmed with leather. No paper inserts (pages) are included.

You believe that the article should be classifiable under subheading 4202.12.6000, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers, with outer surface of leather, of composition leather or of patent leather: Attache cases, briefcases, school satchels, occupational luggage cases and similar containers. Portfolio diaries, organizers, agendas or planners are generally excluded from heading 4202, as they are not used in a manner similar to, nor do they possess a physical characteristics of, articles of that heading. The above article is excluded from heading 4202, as they are not used in a manner similar to nor do they possess a physical characteristics of articles of that heading.

The applicable subheading for the "Business Case" will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles...Other: Other, other. The rate of duty will be 7 percent ad valorem.

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
New York Seaport

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