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NY 897128




May 11, 1994

CLA-2-42:S:N:N6:341 897128

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9025

Ms. Sally Strom
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503

RE: The tariff classification of an unfinished compact disk carrying case from China, Korea and/or the Philippines.

Dear Ms. Strom:

In your letter dated April 18, 1994, you requested a tariff classification ruling for an unfinished compact disk carrying case.

You have submitted a sample and catalog for a compact disk carrying case identified as model CD-15. The case is composed of durable nylon with thick foam padding. You have indicated that the plastic trays (included) to contain the compact disks are (U.S. made), a catalog, warranty card and packaging (origin unknown) are assembled in your warehouse in Longmount. The item measures approximately 8" x 6" x 5 1/2" and it is secured by means of double textile zipper closures.

If the entire item was imported in a finished state, including the bag, packaging, literature and plastic tray, those components which are products of the United States which are not further advanced in value other than that incidental to assembly would be subject to duty free treatment as provided by chapter 9802, HTSUSA.

The applicable subheading for Model CD-15, the unfinished compact disk carrying case of nylon, will be 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, binocular cases, camera cases and similar containers, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 20 percent ad valorem.

Items classifiable under 4202.92.9025 fall within textile category designation 670. Based upon international textile trade agreements, products of China, Korea and the Philippines are subject to visa requirements and quota restraints. The weight of the entire article is subject to the textile restrictions.

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 of international 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.

If the components such as the nylon bag, packaging, etc., were to be imported in the same shipment, the entire article will be classified under 4202.92.9025. However, if the components such as the nylon bag, packaging, etc., were imported in separate shipments, each component would be classified under its own merits.

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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