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NY C86141





April 7, 1998

CLA-2-63:RR:NC:TA:352 C86141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman LLP 707 Wilshire Boulevard
Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of pencil pouches from China.

Dear Mr. Powell:

In your letter dated April 1, 1998, on behalf of Pen-Tab Industries, you requested a tariff classification ruling. The samples are being returned as requested.

Two samples of pencil pouches were submitted. One pencil pouch is made of 100 percent nylon woven fabric. The pouch features a zipper closure on the edge of one side. The opposite end contains three metal grommets at set intervals to accommodate loose-leaf binder rings. Attached onto one side is a textile label with the words "PRO STUFF". It measures approximately 6" x 9 5/8". The other pencil pouch is constructed of 100 percent polyester woven fabric. It features a zipper closure near the edge of one side and the opposite end contains three metal grommets at set intervals to accommodate loose-leaf binder ring. Attached onto one side is a textile label with the words "TOUGH TRACKS". The article is trimmed with 100 percent PVC along the edges. It measures approximately 7 7/8" x 10".

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

In addition, you inquired about marking requirements. Section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that all articles of foreign origin or their containers imported into the United States must be legibly and conspicuously marked to indicate the English name of the country of origin to an ultimate purchase in the United States. If you are inquiring about the country of origin of the products? Your inquiry does not provide enough information. Please provide the country where each component materials was manufactured and detail each step in the manufacturing process and the country where it was performed. Also, provide the weight of each component materials. Provide the total weight of each pencil pouch.

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 Alan Tytelman at 212-466-5896.

Sincerely,

Robert B. Swierupski
Director,

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