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NY B89065




September 4, 1997

CLA-2-48:RR:NC:2:234 B89065

CATEGORY: CLASSIFICATION

TARIFF NO.: 4820.10.2010, 6307.90.9989

Mr. Tom Quayle
G Q Enterprises
9337 Ravenna Rd., Suite L
Twinsburg, Ohio 44087

RE: The tariff classification of a looseleaf bound agenda and pencil pouch, from China.

Dear Mr. Quayle:

In your letter dated August 22, 1997, to the Customs Service office at Middleburg Heights, Ohio, you requested a tariff classification ruling. Samples were submitted, which will be retained for reference.

Article "SKU #15369: Agenda Zipper Binder, etc.", is a three ring loose leaf bound agenda, with sections entitled "Cambridge (R) Calendar", marked "(c) 1995 The Mead Corporation"; " Cambridge (R) Daily", also copyrighted by the Mead Corporation; and three (3) other similarly marked and copyrighted sections.

It measures about 34 cm x 26 cm x 5.5 cm, has a carrying handle on the spine, and a zipper closure on the other three sides. The applicable subheading for this product will be 4820.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: Diaries, notebooks and address books bound (of paper or paperboard). The rate of duty will be 2.8 percent ad valorem.

This ruling does not relieve you of any obligations you may have under the trademark and/or copyright laws, to the owner of the trademark and/or proprietor of the copyright.

Article "SKU #: New Item, Pencil Pouch 95g." is a flat pouch with a zipper closure, having three metal reinforced holes along one long edge, apparently for the purpose of binding in a three hole looseleaf book.

It measures about 29 cm x 18.5 cm, and is made essentially of a textile-backed plastics material, the textile backing being inside the pouch. This material will be considered for tariff purposes to be a textile fabric.

The applicable subheading for the pencil pouch described will be 6307.90.9989, HTS, which provides for: Other (than certain enumerated) made up textile articles. The rate of duty will be 7 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter 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 this ruling, contact National Import Specialist Carl Abramowitz, at (212) 466-5733. Sincerely,

Gwenn Klein Kirschner

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