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NY D85314




December 18, 1998

CLA-2-63:RR:NC:SP:234 D85314

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 4820.10.2020; 8470.10.0040; 9608.10.0000; 4202.92.3031

Ms. Joanne Muro
Global International Inc.
155-06 So. Conduit Ave.
Jamaica, NY 11434

RE: The tariff classification of a nylon folder containing various items, from China.

Dear Ms. Muro:

In your letters dated September 29 and November 30, 1998, on behalf of Interasian Resources Ltd. (New York City), you requested a tariff classification ruling.

A sample identified as style # K-1712 was submitted and is being returned to you as requested. It consists of a nylon trifold cover (10" x 12" x 1 1/2" in the closed position), the interior of which contains the following removable items:

> An 8" x 11" ruled paper memorandum pad (slipped into a fabric sleeve)

> A 4" x 6" "dual power" electronic calculator (held by "Velcro"-type fasteners)

> A ball point pen (slipped into a fabric loop)

> A 5 1/2" x 7 1/2" zippered nylon utility pouch (held by "Velcro"-type fasteners)

The trifold cover features magnetic snap closures, a permanently attached carrying handle and a detachable shoulder strap. The exterior incorporates an empty, 10"-wide zippered pocket having a gusset at one end only.

For tariff purposes, the various components comprising this product will be separately classified.

The applicable subheading for the nylon trifold cover (including the shoulder strap) will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) made up textile articles. The rate of duty will be 7% (unchanged in 1999).

The applicable subheading for the memorandum pad will be 4820.10.2020, HTS, which provides for memorandum pads, letter pads and similar articles of paper or paperboard. For the remainder of 1998, the rate of duty will be 2.4%. Effective January 1, 1999, the rate of duty will be 2%.

The applicable subheading for the calculator will be 8470.10.0040, HTS, which provides for electronic calculators capable of operation without an external source of electric power... display only. The rate of duty will be free (unchanged in 1999).

The applicable subheading for the pen will be 9608.10.0000, which provides for ball point pens. The rate of duty will be 0.8 cent each plus 5.4% ad valorem (unchanged in 1999).

The applicable subheading for the zippered nylon pouch will be 4202.92.3031, HTS, which provides for travel, sports and similar bags with outer surface of textile materials: of man-made fibers: other than backpacks. For the remainder of 1998, the rate of duty will be 19%. Effective January 1, 1999, the rate of duty will be 18.8%.

The pouch falls within textile category designation 670. Based upon international textile trade agreements products of China 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.

You also asked what the tariff treatment of this merchandise would be if the handle and the shoulder strap were deleted but everything else remained unchanged. Please be advised that in such circumstances the tariff classifications would be the same as outlined above.

We note that the sample is not marked with its country of origin. When imported into the United States, the product will be required to be so marked, legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser or recipient.

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 Carl Abramowitz at 212-466-5733.

Sincerely,

Robert B. Swierupski
Director,

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