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NY D82710




October 20, 1998

CLA-2-42:NO:CO:D09 D82710

CATEGORY : Classification

TARIFF NO.: 4202.92.9050

Ms. Kristen Gibson
Import Analyst
Bath & Body Wash
7 Limited Parkway East
Reynoldsburg, OH 43068

RE: The tariff classification of a compact disk (CD) holder from China

Dear Ms. Gibson:

In your letter dated September 24, 1998 you requested a tariff classification on a compact disk (CD) holder.

The sample, Style 109584, is a square compact disk holder with an outer surface of poly vinyl chloride (PVC). The holder measures approximately 6" X 6" with a zippered closure around three sides and a single loop handle. The holder folds open and has multiple plastic sleeves to hold the compact disks.

The sample is being returned per your request.

We note that the submitted sample is not properly marked with the country of origin. Therefore if imported as is, the sample will not meet the country of origin marking requirements of 19 U.S.C. 1304. Accordingly, the article would not be considered legally marked under the provisions of 19 C.F.R.134.11 which states, "every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit." It is our opinion that the country of origin marking is not conspicuous.

The applicable subheading for the above item will be 4202.92.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for trunk, suitcases ..., holsters, and similar containers; Other, Other: Cases designed to protect and transport compact disk .... The rate of duty will be 19 percent ad valorem.

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.

Sincerely,

Allen H. Paterson
Port Director

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