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NY L89442




December 30, 2005

CLA-2-42:RR:NC:TA:341 L89442

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030

Mr. Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
8855 Columbine Road, Suite 400
Eden Prairie, MN 55347-4148

RE: The tariff classification of expandable document organizers from China.

Dear Mr. Anderson:

In your letter dated December 16, 2005, on behalf of American Pad and Paper LLC, you requested a tariff classification ruling for expandable document organizers.

The samples submitted are identified as item 32251 “Expanding File Document Organizer Case” and “Compact Expanding File Document Organizer” (no item number was submitted). The items are forms of a “briefcase”. Each is made up to provide storage, protection, portability and organization to documents and other such items as catalog pages, etc., as well as accessories. The exterior of each case is manufactured of woven man-made fiber textile materials. Both cases feature carrying handles, an open flat sleeve pocket on one side and a zippered pocket on the other. The three-sided zippered closures unzip to reveal multiple semi translucent plastic expandable sleeve dividers with tab holders to identify document contents. They measure approximately 14” x 11” x 3 ¼” and 13” x 13 ¾” x 2”. Your samples are being returned as requested

In your letter you suggested classification under subheading 3926, HTS, which provides for other articles of plastics or 6307, HTS, which provides for other made up articles of textile, other. However, the expandable document cases are of a kind provided for in HTS 4202 as attaché cases, briefcases and similar containers. Chapter 39 and 63 are subject to exclusionary notes that preclude classification therein if the item is classifiable in heading 4202 HTS. Therefore the document cases are more specifically provided for in heading 4202 and will be classified accordingly. The applicable subheading for the expandable document cases will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for attaché cases, briefcases, school satchels, occupational luggage cases and similar containers, with outer surface of textile materials, other of man-made fibers. The duty rate will be 17.6 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

HTS 4202.12.8030 falls within textile category designation 670. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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