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October 27, 1998

CLA-2-42:SE:C:D:G02 D82688

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030, 4202.12.2035

Marvin Turner
Hellmann International Forwarders, Inc.
2551 Santa Fe Avenue
Redondo Beach, California 90278

RE: The tariff classification of a briefcase with wheels having an outer surface of nylon fabric from Thailand and a briefcase with an outer surface of plastic sheeting from China

Dear Mr. Turner:

In your letter dated September 8, 1998 you requested a tariff classification ruling on behalf of your client, Office Depot Inc. of Delray Beach, Florida.

The items which Office Depot intends to import are two briefcase type bags. Style 464-20 “Office Cruiser” has an outer surface of nylon fabric and measures approximately 16 1/2 x 6 x 14 inches. It has a pair of wheels (one at each end of the bag) and a telescoping rigid plastic handle pull for use therewith, a zip around main compartment, a smaller zip around side compartment, a zippered exterior pocket, zippered interior pockets, multiple flap-covered interior pockets secured by hook and loop fasteners, several open top interior card and pen slots, two textile webbing carry handles, and an adjustable, detachable textile webbing shoulder strap with shoulder padding. Style 742-16 “PVC portfolio” has an outer surface of fabric-backed plastic sheeting embossed to look like a woven fabric and measures approximately 16 1/2 x 6 x 16 inches. It also has two flaps secured by snaps which cover compartments and pockets on either side of the bag. One of the compartments so covered also has a zip around closure. In addition the bag has a zippered exterior pocket on the outside of one of the flaps, zippered interior pockets, several open top interior card and pen slots, double carry handles, and and a detachable shoulder strap.

The applicable subheading for the briefcase type bag with outer surface of nylon fabric will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, briefcases, ... and similar containers, with outer surface of textile materials, other, other, of man-made fibers. The rate of duty will be 19 percent ad valorem. The applicable subheading for the briefcase type bag with outer surface of plastic will be 4202.12.2035, Harmonized Tariff Schedule of the United States (HTS), which provides for attache cases, briefcases, ... and similar containers, with outer surface of plastics, other. The rate of duty for this item will be 20 percent ad valorem.

Item 4202.12.8030 falls within textile category designation 670. Based upon international textile trade agreements, products of Thailand are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, 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.

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.

Sincerely,

Artis M. Morgan, Jr.
Port Director
Seattle


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