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NY M86070




September 8, 2006

CLA-2-44:RR:NC:2:230 M86070

CATEGORY: CLASSIFICATION

TARIFF NO.: 4420.90.8000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of a file tray, periodical holder and pen holder from China

Dear Ms. Davidson:

In your letter, which was received on August 18, 2006, you requested a tariff classification ruling.

The ruling was requested on three office storage products: a file tray (VPN # ISPA1018871), a newspaper/ magazine holder (VPN # ISPA1018733) and a pen holder (VPN # ISPA1018735). Samples of the products were submitted for our review. The file tray is a flat rectangular container measuring approximately 10” wide x 12” long. It has three sides approximately 2-1/2” high. The newspaper/ magazine holder is an upright open container with a diagonal cutout in the front. It measures approximately 4-1/2” wide x 10” deep x 12-1/2” high. The pen holder is an open square container measuring approximately 3-1/2” x 3-1/2” x 4-1/4” high.

The three products are made of surface covered wood fiberboard. The outer surface of the products is covered with canvas on top of paperboard. The inner surface of the products is covered with faux leather. The essential character of the products is imparted by the wood fiberboard because of the greater role the wood plays in the making and functioning of the products.

The applicable subheading for the file tray (VPN # ISPA1018871), the newspaper/ magazine holder (VPN # ISPA1018733) and the pen holder (VPN # ISPA1018735) will be 4420.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for wooden articles of furniture not falling within chapter 94. The rate of duty will be 3.2 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/.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the CBP.

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 Paul Garretto at 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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