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NY A84192




June 27, 1996

CLA-2-42:RR:NC:WA:341 A84192

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9040

Mr. Bob Glover
L.E. Coppersmith, Inc.
2501 Santa Fe Avenue
Redondo Beach, CA 90278

RE: The tariff classification of tool holders from Taiwan and/or China.

Dear Mr. Glover:

In your letter dated May 28, 1996, on behalf of Blue Jay Manufacturing, you requested a tariff classification ruling for tool holders.

You have submitted four samples with your request, identified as item numbers 941308, 941903, 941904 and 945129, which are vinyl fitted tool holders designed to contain three to nine piece pliers/screwdrivers sets. The items are similar to tool rolls in design. Their size range from approximately 9"(W) x 13"(H) to 12"(W) x 20"(H). The tops are secured by means of a flap with hook and loop fasteners. You have indicated that the items will be used for packaging. However, for classification purposes the items are not considered to be packaging and will be classified accordingly.

Your reference to the country of origin noted. Section 134.46 Customs Regulations requires that where a U.S.A. origin is shown the correct country of origin marking be within close proximity and comparable print. We suggest that the printed literature be amended to state "Tools Made in U.S.A.", and "Holders Made in China and/or Taiwan" in close proximity and comparable print.

The applicable subheading for the tool holders of vinyl will be 4202.92.9040, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, tool bags and similar containers, with outer surface of plastic, other, other, other. The rate of duty will be 19.5 percent ad valorem.

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

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Roger J. Silvestri
Director

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