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NY N016718




September 11, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060, 4202.92.9026

Gordon C. Anderson
C.H. Robinson Worldwide, Inc.
14800 Charlson Road, Suite 400
Eden Prairie, MN 55347

RE: The tariff classification of document cases from China

Dear Mr. Anderson:

In your letter dated August 27, 2007, on behalf of Ultra Marketing, you requested a classification ruling. The samples which you submitted are being returned as requested.

Style number 13502426V is a document case constructed with an exterior surface of a sheeting of plastics. It is designed to provide storage, protection, organization, and portability to automotive manuals and related paperwork. The interior has one central storage compartment and two clear cardholder windows. The case has a flap that secures with a magnetic closure. The back exterior has an open pocket to hold additional papers. The case measures approximately 8” (W) x 6” (H) x 2” (D).

Style 13502426T is a document case constructed with an exterior surface of man-made textile material. It is designed to provide storage, protection, organization, and portability to automotive manuals and related paperwork. The interior has a central storage compartment. It has a flap that secures with a hook and loop closure. The case measures approximately 8.25” (W) x 6” (H) x 1.5” (D).

You have suggested that both styles are properly classified under 8708.99.8180, Harmonized Tariff Schedule of the United States (HTSUS), which provides for parts and accessories of motor vehicles. However, the document cases are similar to the items classifiable within Heading 4202, HTSUS. They are designed to provide organization, protection, storage, and portability to documents, and are not considered to be an automotive part or accessory. Therefore, classification within Chapter 87 is precluded.

Alternatively, you have suggested the proper classification for style number 13502426V to be 3926.10.0000, HTSUS, which provides for plastics and articles thereof. You have also suggested the proper classification for style number 13502426T to be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. As was previously stated, both document cases are similar to the items classifiable within Heading 4202, HTSUS. Therefore, classification within Chapter 39 and Chapter 67 are both precluded.

The applicable subheading for the style 13502426V will be 4202.92.9060, HTSUS, which provides for other containers and cases, with outer surface of plastic sheeting material, other. The duty rate will be 17.6% ad valorem.

The applicable subheading for style 13502426T will be 4202.92.9026, HTSUS, which provides for other containers and cases, other, with outer surface of textile materials, of man-made fibers. The rate of duty will be 17.6% 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 4202.92.9026 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.

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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