The tariff classification of portfolio cases and a binder from China

N035555 September 9, 2008 CLA-2-42:OT:RR:NC: N3:341 CATEGORY: Classification TARIFF NO.: 4202.12.8030, 6307.90.9889 Paul Anuschat Geo. S. Bush & Co., Inc. P.O. Box 8829 Portland, OR 97208-8829 RE: The tariff classification of portfolio cases and a binder from China Dear Mr. Anuschat: In your letter dated August 4, 2008 you requested a classification ruling on behalf of Fred Meyer, Inc. The samples will be returned as you requested. Style 72578 is a zippered portfolio case constructed with an outer surface of man-made textile material. The interior is permanently mounted with a 1” metal three ring binder mechanism. When opened, the left side has a permanently affixed accordion file folder. Also, on the left side are a permanently affixed cell phone holder, iPod holder, slots for identification, and a removable calculator. Included with portfolio are a daily planner, a map, plastic dividers with tabs, and two paper folders. The portfolio is designed for organizing, storing, protecting and transporting papers, documents, and other items that would be carried in a briefcase. It measures approximately 11” (W) x 14” (L) x 2” (D). Style 70284 is a zippered portfolio case constructed with an outer surface of man-made textile material. The interior is permanently mounted with a 1” metal three ring binder mechanism. When opened, the left side has a permanently affixed accordion file folder. The front exterior has a flap with a zippered and mesh pocket. Underneath the flap there are additional slots and pockets to hold pens, identification and similar items. The portfolio is designed for organizing, storing, protecting and transporting papers, documents, and other items that would be carried in a briefcase. It measures approximately 11” (W) x 14” (L) x 3” (D). Style 71470 is a binder constructed with an outer surface of man-made textile material. The interior is permanently mounted with a 1” metal three ring binder mechanism. When opened, the left side has an open pocket, a mesh pocket and a slot pocket for a pen. The front exterior has a clear plastic window with slots to fit photos of various sizes. It measures approximately 11” (W) x 12.5” (L) x 3” (D). The essential character of the binder is imparted by the textile material. Style 72340 is a zippered portfolio case constructed with an outer surface of man-made textile material. The interior is permanently mounted with a 1” metal three ring binder mechanism. When opened, the left side has a permanently affixed accordion file folder. Included with the portfolio, are a calculator, pen, paper and a removable three-ring pouch. The portfolio is designed for organizing, storing, protecting and transporting papers, documents, and other items that would be carried in a briefcase. It measures approximately 11” (W) x 14” (L) x 2” (D). Stock number 34400340 (style number not yet assigned) is a zippered portfolio constructed with an outer surface of man-made textile material. It has a top handle grip, a removable shoulder strap and an exterior zippered pocket. The interior is permanently mounted with a 1” metal three ring binder mechanism. When opened, the left side has a permanently affixed accordion file folder. Included with the portfolio, are a three-ring pouch with mesh and zippered pockets and several sheets of paper. The portfolio is designed for organizing, storing, protecting and transporting papers, documents, and other items that would be carried in a briefcase. The back exterior has a full width open pocket. It measures approximately 11” (W) x 14” (L) x 3” (D). The applicable subheading for the portfolios will be 4202.12.8030, Harmonized Tariff Schedule of the United States (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 rate of duty will be 17.6% ad valorem. The applicable subheading the binder will be 6307.90.9889, HTSUS, which provides for other made up textile articles, other. The rate of duty will be 7% 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. 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 National Commodity Specialist Division