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NY I86875





October 4, 2002

CLA-2-63:RR:NC:TA:351 I86875

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

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

RE: The tariff classification of a file case from China.

Dear Mr. Keller:

In your letter dated September 24,2002, on behalf of Apego, Inc., you requested a tariff classification ruling. The sample is being returned as requested.

The sample submitted is an accordion style file case, stock number 26429. The outer and inner surfaces are made of polyester woven fabric. Cardboard sheeting material and foam pad is sewn between the front and back panels. The interior is fitted with twenty-one plastic tabbed holders. The front of the case features a mesh fabric zippered pocket. The top is designed to fold over the case and is held closed with plastic buckles. The essential character is imparted by the textile fabric.

The applicable subheading for the file case will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 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. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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