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NY N021834




February 8, 2008

CLA-2-39:OT:RR:NC:N2:221

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.10.0000

Ms. Julie Colona
Customs Services International
510 Thatcher Avenue
St. Louis, MO 63147

RE: The tariff classification of compact disk binders from China

Dear Ms. Colona:

In your letter dated January 10, 2008, on behalf of Blair Packaging Inc., you requested a tariff classification ruling.

The samples submitted with your request are binders made of molded plastic designed to store compact disks. The binders incorporate two molded plastic ring tabs for holding CD storage sleeves. Both binders measure 5 ½ inches by 6 ½ inches. Style R6200 measures 5/8 inch in thickness and is said to have a capacity of 3 double sided pages to hold 6 disks. Style R6250 measures 1 1/16 inch in thickness and is said to have a capacity of 6 double sided pages to hold 12 disks. You stated in a telephone conversation that the binders are imported empty, without any storage sleeves.

You suggest classification in subheading 4202.92.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cases designed to protect and transport compact disks (CD’s), CD ROM disks, CD players, cassette players and/or cassettes, with outer surface of sheeting of plastic. The samples submitted with your request have no sleeves or compartments for organizing CD’s or any other contents and thus do not fall in that provision.

The applicable subheading for the molded plastic CD binders will be 3926.10.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other articles of plasticsoffice 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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