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NY N016372




September 12, 2007

CLA-2-42:RR:NC:N3:341

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.12.8030, 3926.10.0000, 9609.10.0000, 9608.10.0000, 4901.10.0040, 4911.99.8000, 8301.10.6000, 8523.40.5000

Rosemary Facchini
Two Red Kitties, Inc.
P. O. Box 535
Washington Mills, NY 13479

RE: The tariff classification of a carrying bag with various articles from China

Dear Ms. Facchini:

In your letter dated August 24, 2007, you requested a classification ruling. The sample which you submitted is being retained by this office.

The sample submitted is identified as a Personal Document Organizer. A style number was not provided. The item is a carrying bag that includes a pen, a pencil, a three-ring binder, a lock with keys, a DVD, a paper booklet, page protectors, and an identification card. In the instant case, the articles are all multi-dimensional and are not traditionally used together in such a way to meet a particular need or carry out a specific activity. For instance, items such as the lock and keys are used for purposes other than organizing documents. Thus, it is the opinion of this office that the carrying bag and accessories are not a set according to GRI 3(b) and must be classified separately.

The carrying bag, which is similar to a briefcase, is constructed with an exterior surface of man-made textile material. It has an unlined interior compartment with no additional features. The bag has a top zippered opening, double carrying handles and an adjustable, detachable shoulder strap. The exterior of the bag has a zippered pocket which has an inner pocket and two loops. It is designed to provide storage, protection, organization, and portability to documents, books, etc. It measures approximately 15.5” (W) x 12 (L) x 3.25” (D).

The applicable subheading for the carrying bag will be 4202.12.8030, Harmonized Tariff Schedule of the United States (HTSUS), which provides trunks, suitcases, attache cases, briefcases and similar containers, with outer surface of textile materials, other, briefcases and similar articles, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for the three-ring binder and page protectors will be 3926.10.0000 HTSUS, which provides for other articles of plasticsoffice or school supplies. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the pencil will be 9609.10.0000 HTSUS, which provides for pencils and crayons, with leads encased in a rigid sheath. The rate of duty will be 14¢/gross + 4.3 percent ad valorem.

The applicable subheading for the pen will be 9608.10.0000 HTSUS, which provides for ball point pens. The rate of duty will be 0.8 cents each plus 5.4 percent ad valorem.

The applicable subheading for the paper booklet will be 4901.10.0040 HTSUS, which provides for printed books, brochures, leaflets and similar printed matter, whether or not in single sheetsin single sheetsother. The rate of duty will be free.

The applicable heading for the identification card will be 4911.99.8000 HTSUS, which provides for other printed matter, including printed pictures and photographs: other (than certain specified kinds). The rate of duty will be free.

The applicable subheading for lock and keys will be 8301.10.6000 HTSUS, which provides for padlocks and locks (key, combination or electrically operated), of base metalpadlocks, of cylinder or pin tumbler construction, not over 3.8 cm in width. The rate of duty will be 6.1 percent ad valorem.

The applicable heading for the instructional DVD will be 8523.40.5000 HTSUS, which provides for discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena, whether or not recorded, including matrices and masters for the production of discs, but excluding products of chapter 37: optical media: recorded optical media: other: other. The rate of duty will be 2.7 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/.

HTSUS 4202.12.8030 falls within textile category 670. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (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 otexa.ita.doc.gov.

You have asked whether this product is subject to antidumping duties. A list of AD/CVD proceedings at the Department of Commerce (DOC) and their product coverage can be obtained from the DOC website at: http://ia.ita.doc.gov, or you may write to them at the U.S. Department of Commerce, International Trade Administration, Office of Antidumping Compliance, 14th Street and Constitution Avenue, N.W. Washington, DC 20230. Written decisions regarding the scope of AD/CVD orders are issued by the Import Administration in the Department of Commerce and are separate from tariff classification and origin rulings issued by Customs.

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 Vikki Lazaro at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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