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NY F80948




December 28, 1999

CLA-2-63:RR:NC:TA:352 F80948

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989; 4202.12.8030

Mr. Robert Glover
L.E. Coppersmith, Inc.
2041 Rosecrans Avenue, Third Floor
El Segundo, CA 90245

RE: The tariff classification of binders from China.

Dear Mr. Glover:

In your letter dated December 7, 1999, on behalf of Avery Dennison, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are binders, item numbers 77711-26070, 77711-26071, 77711-26072, 77711-26073 and 77711-26074. Item number 77711-26070 is a two compartments binder made of a cardboard base and a thin layer of foam padding covered with 100 percent polyester woven fabric. The first compartment in its open position, the left side features a vertical pocket that is held closed with a web fabric strap with strips similar to the VELCRO brand fastener. Attached onto the pocket is a zippered open-work knit fabric pocket. The right side features a vertical open pocket. The second compartment in its open position, the left side contains a vertical pocket with a horizontal open pocket, a sleeve for a pen and a zippered pocket. The right side features a vertical pocket with a horizontal open pocket. The middle section features three metal rings attached onto a metal base. Both compartments are secured by means of a zipper closure on three sides. In closed position the article measures approximately 12-7/8” x 11”.

Item number 77711-26071 is constructed of a cardboard base and a thin layer of foam padding covered with 100 percent polyester woven fabric. In its open position, the left side features a vertical pocket with a horizontal open pocket, a sleeve for a pen and a zippered pocket. The right side features a vertical pocket with a horizontal open pocket. The middle section features three metal rings attached onto a metal base. The binder is secured by means of a zipper closure on three sides. The exterior of one side features a zippered pocket made of plastic sheeting material. In closed position it measures approximately 12-1/2” x 11”.

Item number 77711-26072 is made of a cardboard base and a thin layer of foam padding covered with 100 percent polyester woven fabric. In its open position, the left side features a vertical pocket with a horizontal open pocket, a sleeve for a pen and a zippered pocket. The right side features a vertical pocket with a horizontal open pocket. The middle section features three metal rings attached onto a metal base. The binder is secured by means of a zipper closure on three sides. The exterior side of the binder, in open position, features two open pockets that measures the width of the article. One of the pockets, at set intervals, has textile fabric loops with an elastic cord. In closed position it measures approximately 13” x 11-1/4”.

Item number 77711-26073 is constructed of a cardboard base and a thin layer of foam padding covered with 100 percent polyester woven fabric. In its open position, the left side contains two horizontal open pockets and a woven textile fabric panel that is permanently attached at the top end and the bottom end is held closed with strips similar to the VELCRO brand fastener. This fabric panel features an open pocket, an elastic fabric loop and a zippered open-work knit pocket. When the panel is fold upward it contains four elastic fabric loops. The right side features a vertical pocket with a horizontal open pocket. The middle section features three metal rings attached onto a metal base. The binder is secured by means of a zipper closure on three sides. The exterior side of the binder features an open-work knit pocket with a flap top closure. It measures approximately 12-5/8” x 11”.

Item number 77711-26074 is made of a cardboard base and a thin layer of foam padding covered with 100 percent polyester woven fabric. In its open position, the left side features a vertical pocket with a horizontal open pocket, a sleeve for a pen and a zippered pocket. The right side features a vertical pocket with a horizontal open pocket. The middle section features three metal rings attached onto a metal base. The binder is secured by means of a zipper closure on three sides. The exterior of one side features a gusset zippered pocket constructed of the same material. The side of the binder features a textile woven fabric pocket with a flap top closure. The article is trimmed around the edges and side with suede material. It measures approximately 13” x 11-1/2”.

The applicable subheading for item number 77711-26070 will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases, vanity cases, attache cases, briefcases, school satchels and similar containers: With outer surface of textile materials: Other: Attache cases, briefcases, school satchels, occupational luggage cases and similar containers: Other: Of man man-made fibers. The rate of duty will be 18.8 percent ad valorem. The rate of duty for 2000 will be 18.6 percent ad valorem.

The applicable subheading for item numbers 77711-26071, 77711-26072, 77711-26073 and 77711-26074 will be 6307.90.9989, HTS, which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem. The rate of duty for 2000 is the same.

Item number 77711-26070 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,

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