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NY N004222




December 27, 2006

CLA-2-63:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889, 4202.12.8030, 4202.92.9026

Erin Barclay
Logistics Manager
Case Logic, Inc.
6303 Dry Creek Parkway
Longmont, CO 80503-7294

RE: The tariff classification of a locker organizer, a USB drive holder, and an accordion file from China

Dear Ms. Barclay:

In your letter dated Nov. 30, 2006, you requested a tariff classification ruling. Your letter was in response to our ruling R05089, in which we classified a lanyard but asked for samples of three other items and other information.

One of the samples you submitted is a Magnetic Locker Organizer (SLO-20). Opened, it is approximately 22” (it folds in half to close) x 9” wide. It is made of a cardboard stiffener covered with polyester woven fabric. At the top and bottom edges (when opened) are magnetized plastic sheeting strips to hold the opened organizer on a metal surface, such as a locker. Inside are two mesh pockets, two elastic pockets (one holding a plastic mirror), and a dry-erase board. Inside one pocket is a fabric eraser for the board.

For tariff purposes, the Magnetic Locker Organizer (SLO-20) is considered a set whose essential character is imparted by the textile fabric.

The applicable subheading for the Magnetic Locker Organizer (SLO-20) will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

The second item is the lanyard that was the subject of ruling R05089. The lanyard by itself, SLY-1, was described in R05089 as “a lanyard made of 1-inch wide textile webbing with a plastic bayonet clip and an aluminum carabineer loop at the end, used to attach items such as keys or identification tags.” It was classified in subheading 6307.90.9889, HTSUS. However, you have now submitted a sample of SLY-2, the same lanyard with a case for a USB drive hanging from the end. The case measures approximately 3½” x 1½” and is made of neoprene with an outer surface of knit man-made fabric. You state that it can hold “small and medium portable USB drives as well as the Shuffle and the new Nano.” SLY-2 is considered a composite good; its essential character is determined by the USB case.

The applicable subheading for SLY-2, the USB drive case on a lanyard, will be 4202.92.9026, HTSUS, which provides for other cases of man-made textile materials. The rate of duty will be 17.6% ad valorem.

The third sample is Accordion Case (SCMF-10). Item SCMF-10 is an expanding file document organizer case constructed with an outer surface of man-made textile fabric. The case features a top flap opening secured with a hook-and-loop closure and eight sleeve dividers. The item is a form of a briefcase. It is designed to provide storage, protection, portability and organization to documents and other such items as catalog pages, etc., as well as accessories.

The applicable subheading for the expandable document cases will be 4202.12.8030, 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% ad valorem.

HTS 4202.12.8030 falls within textile category designation 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise that is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at www.otexa.ita.doc.gov.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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