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NY M84436




July 13, 2006

CLA-2-39:RR:NC:SP:221 M84436

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Mr. Carl A. Luther
Staples
500 Staples Drive
Framingham, MA 01702

RE: The tariff classification of the “File Tote” from China.

Dear Mr. Luther:

In your letter dated June 14, 2006, you requested a tariff classification ruling.

A sample was provided with your letter. The File Tote (Item #13653-US) is a portable file box with plastic strap handles. It is composed of fiberboard covered with cellular plastic sheeting that is backed with a textile fabric for mere reinforcement. The interior of the tote is lined with 150D cloth. The bottom is covered with the same material, which protects a desk when the tote is placed upon it. The tote measures approximately 13 ½ inches in width by 10 ¾ inches in height by 5 ¾ inches in depth. The metal bars at each end of the tote are for holding hanging files.

The sample is being returned as you requested.

The applicable subheading for the File Tote will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plastics...office or school supplies. The rate of duty will be 5.3 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/.

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 Joan Mazzola at 646-733-3023.

Sincerely,

Robert B. Swierupski
Director,

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