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January 15, 1999

CLA-2-42:RR:NC:TA:341 D86122

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060; 4202.92.9026; 9802.00.80

Mr. Frank Prackler
Harold I. Pepper Co., Inc.
181 South Franklin Ave., Suite 218
Valley Stream, NY 11581

RE: The tariff classification of CD cases from China.

Dear Mr. Prackler:

In your letter dated December 16, 1998, on behalf of Arista, you requested a classification ruling for CD cases.

The samples submitted, identified as items 90-2012 and 90-1024, are CD holders manufactured with an outer surface of polyvinyl chloride (PVC) and/or polyester man-made materials designed to store and\or transport compact disks. The interiors are specially designed to contain 12 to 24 disks.

You have also requested the proper classification for the items if the wing inserts were made in the United States and sent to Hong Kong (China) to be inserted into the bag.

The applicable subheading for Item 90-2012, the CD case of PVC plastic sheeting, will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides other, cases designed to protect and transport compact disks (CD’s), CD ROM disks, CD players, cassette players and/or cassettes, with outer surface of sheeting of plastic, other, other, other. The duty rate will be 18.8 percent ad valorem.

The applicable subheading for Item 90-1024, the CD case of polyester, will be 4202.92.9026, HTS, which provides in part for other bags and containers, with outer surface of textile materials, other, other, other. The duty rate will be 18.8 percent ad valorem. On the basis of the information presented, it is our opinion that the plastic wings, as products of the United States are eligible for Treatment under Tariff Number 9802.00.80 HTSUSA, if conform with the requirements of subheading.

Items classifiable under 4202.92.9026 fall within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa for the entire item including the wing inserts.

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. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 212-466-5893.

Sincerely,

Robert B. Swierupski
Director,

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