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NY D84019




November 9, 1998

CLA-2-42-NO:CO:FNIS:D09 D84019

CATEGORY : Classification

TARIFF NO.: 4202.91.0090

Mr. John W. Whitaker
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108

RE: The tariff classification of a compact disk holder from China

Dear Mr. Whitaker:

In your letter dated October 13, 1998 you requested a tariff classification on behalf of your client, GFSI Incorporated.

The sample, Style S950, is a square, 100 percent leather compact disk (CD) holder measuring approximately 6 inches by 6 inches. It has fitted pockets for compact discs and a zippered closure.

The sample is being returned per request.

We note that the submitted sample is marked with the country of origin on a sticker on the back of the holder. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the disc holder would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit." The sticker would not be considered "permanent" as it has already fallen off in our office.

The applicable subheading for leather compact disk holder will be 4202.91.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other bags and containers, with outer surface of leather, of composition leather or of patent leather, other. The rate of duty will be 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.

Sincerely,

Allen H. Paterson
Port Director

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