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NY K86378




June 9, 2004
CLA-2-42:RR:NC:TA:341 K86378

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.4500

Ms. Alyssa S. Aron
International Diversified Products
4113 Woodman Ave.
Sherman Oaks, CA 91423

RE: The tariff classification of a note pad holder and tote bag from China.

Dear Ms. Aron:

In your letter dated May 19, 2004, you requested a tariff classification ruling .

You have submitted two samples with your request. No style numbers were submitted.

Item 1 is a bifold open sided pad holder with note pad and calculator. It is wholly covered on the exterior and interior with heavy gauge leatherette plastic sheeting.

Item 2 is a double handle, open top, tote bag designed to contain personal effects and accessories on a daily basis. It is manufactured with an exterior surface of vinyl plastic with a clear plastic pocket on the front, which you have indicated is designed to display brochures or catalogs. The bag has two shoulder straps and it measures approximately 11"(H) x 9"(W) x 4 ½”(D).

Your samples are being returned as requested.

The applicable subheading for the tote bag will be 4202.92.4500, HTS, which provides for travel, sports and similar bags, with outer surface of sheeting of plastic, other. The rate of duty will be 20 percent ad valorem.

We are unable to issue a ruling regarding the pad holder with pad at this time. We need additional information in order to issue a ruling. Please submit a breakdown of the FOB value, at a point just prior to final assembly of all component parts of the pad holder. In addition, please indicate the FOB value of the writing pad. If available, please identify the article by style number.

If you decide to resubmit your request, please include all of the material and sample that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section

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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