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NY N023540





March 20, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9026, 4202.92.9050

Melanie Geier
OfficeMax
263 Shuman Blvd.
Naperville, IL 60563-1255

RE: The tariff classification of CD holders from China

Dear Ms. Geier:

In your letter dated February 18, 2008 you requested a classification ruling. The samples which you submitted are being returned as requested.

Style number OM-FM-510 is a compact disk holder constructed with an outer surface of man-made textile materials. It is designed to store, protect and transport compact disks. The interior has twelve pockets specially designed to hold up to 24 disks. It secures with an elastic band and measures approximately 6” (W) x 6” (L) x 1” (D).

Style number CD0801 is a compact disk holder with a double spiral spine constructed with an outer surface of polypropylene plastic sheeting. It is designed to store, protect and transport compact disks. The interior has six pockets specially designed to hold up to 12 disks. It secures with an elastic band and measures 5.5” (W) x 5.5” (H) x 0.75” (D).

Style number CD0802 is an expandable accordion-style compact disk holder constructed with an outer surface of polypropylene plastic sheeting. It is designed to store, protect and transport compact disks. The interior has five polypropylene pockets with tabs and are designed to hold up to five or more disks. It secures with an elastic band and measures approximately 6.5” (W) 6” (H) x 0.50” (D).

Style CD0803 is a compact disk holder constructed with an outer surface of polypropylene plastic sheeting. It is designed to store, protect and transport compact disks. The interior has five polypropylene pockets that cascade downward and are designed to hold up to five or more disks. It secures with an elastic band and measures approximately 4.75” (W) x 5.25” (H) x 0.25” (D).

Style OM-PRO-507 is a compact disk holder constructed with an outer surface of polypropylene plastic sheeting. It is designed to store, protect and transport compact disks. The interior has five polypropylene pockets that cascade upward and are designed to hold up to five or more disks. It secures with two plastic snaps and measures approximately 5.25” (W) x 5.5” (H) x 0.5” (D).

You have suggested classification with the tariff provision 3926.10.0000 HTSUS, that provides, in part, for other articles of plastics office and school supplies. Goods classifiable in heading 4202 are excluded from classification in heading 3926 by Chapter 39 exclusion note 2(ij). The instant items are classifiable in heading 4202, therefore they are not classifiable in subheading 3926, HTSUS.

The applicable subheading for style number OM-FM-510 will be 4202.92.9026, Harmonized Tariff Schedule of the United States (HTSUS), which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.6 percent ad valorem.

The applicable subheading for style numbers CD0801, CD0802, CD0803, and OM-PRO-507 will be 4202.92.9050, HTSUS, which provides in part, for other bags and containers, with outer surface of sheeting of plastic, other, other, other, cases designed to protect and transport compact disks (CD’s). The rate of duty will be 17.6 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 4202.92.9026 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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