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NY 803273




November 1, 1994

CLA-2-48:S:N:N8:234 803273

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.30.0020; 6307.90.9989

Ms. Lynn Chang
Seino America, Inc.
8728 Aviation Blvd.
Inglewood, CA 90301

RE: The tariff classification of an unfinished looseleaf binder and a "locker center," from China.

Dear Ms. Chang:

In your letter dated October 11, 1994, on behalf of Pen-Tab Industries Inc., you requested a tariff classification ruling. Two samples were submitted and are being returned as requested.

The first item (#D195) is an empty, folding paperboard cover intended to be made into a student's looseleaf binder. Following importation, a metal ring binder mechanism will simply be attached to the spine to complete the article. The inside of the sample cover, which when closed measures about 2 1/4" x 10 1/2" x 11 1/2", is lined with paper printed with class schedule grids and metric conversion tables. Although the exterior is covered with a thin layer of canvas fabric, we find that the essential character of the overall product is imparted by the thick, stiff paperboard of which it is constructed.

The applicable subheading for the above-described folding cover (unfinished binder) will be 4820.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for binders, folders and file covers, of paper or paperboard...looseleaf binders. The rate of duty will be 5.3%.

The second item (as yet unnumbered) is identified as a "lockercenter," which is designed to be hung in a student's locker for use as an organizer. The sample is basically a flat, pad-like article measuring 8 5/8" x 22 3/4". It is made of vinyl-covered textile fabric which envelops a central layer of plastic foam, and which is trimmed with additional fabric of a contrasting color. The various features of the article are all incorporated on one side of the "pad." These include several pockets, two of which are made of elasticized textile mesh, designed to hold small items such as ID cards, paper clips, coins, pens and pencils, none of which are included. In addition, the upper left corner is fitted with a 4" x 4" shatter-resistant mirror. The article also includes a paper calendar pad (with blank spaces captioned with days of the week) and a class-schedule card.

A self-adhesive hook is provided for hanging the product in the locker. Although it is presumably designed to be used within the locker most of the time, the item has a "tri-fold design" which lends a degree of portability.

The applicable subheading for the "lockercenter" will be 6307.90.9989, HTS, which provides for other (non-enumerated) made up textile articles. The rate of duty will be 7%.

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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