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NY I81699




May 21, 2002

CLA-2-42:RR:NC:3:341 I81699

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030

Mr. Donald A. Keller
C/o O’Neill & Whitaker, Inc.
1809 Baltimore Ave.
Kansas City, Missouri 64108

RE: The tariff classification of a portfolio binder from China

Dear Mr. Keller:

In your letter dated May 14th, 2002 you requested a tariff classification ruling. The request is on behalf of Apego, Inc.

The submitted sample is “Advantage” Style 26416A. It is a zippered portfolio which contains a permanently mounted 1 ¾” three ring binder of metal. The overall size of the portfolio is approximately 13” x 12” x 5”. The exterior surface is wholly of man-made textile materials. It consists of two main zippered sections. One side is fitted with the three ring binders and a suspended zippered pocket for stationery accessories. Additional documents and stationary articles may be stored behind the suspended pocket. The opposite side fitted with hook and loop tapes and is presented with a file insert of plastic sheeting. The file insert is removable and replaceable. The section is suitable to carry other stationary items and/or a device such as a lap top computer. The exterior of the portfolio has a full width zippered storage pocket Viewed in its entirety the zippered case is a container of a kind similar to the briefcases and attaché cases of Heading 4202, HTSUSA. The sample will be returned as requested.

The applicable subheading for the portfolio will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTS), which provides for attaché cases, brief cases, school satchels, occupational luggage cases and similar containers, of man-made fibers. The rate of duty will be 18.1% 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. If you have any questions regarding the ruling, contact National Import Specialist Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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