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NY H84099




August 6, 2001

CLA-2-63:RR:NC:TA:351 H84099

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Marrianne Rowden
Katten Muchin Zavis
525 West Monroe Street
Suite 1600
Chicago, IL 60661-3693

RE: The tariff classification of binders from China.

Dear Ms. Rowden:

In your letter dated July 19, 2001, on behalf of It’s Academic, you requested a tariff classification ruling. The samples are being returned as requested.

The samples submitted are the “Expanding File Plus Zipper Binder,” item number 93590 and the “Executive Organizer Binder,” item number 93550. The binders are made of a plastic sheeting base and a thin layer of foam padding covered with woven textile fabric. Each binder has two compartments. The first compartment of each binder, in its open position, the left side features a clear plastic accordion-type file with paper insert tabs. The right side of the first compartment and the second compartment features various pockets and pockets for diskettes, pens, etc. Inserted into a vertical pocket is a removable plastic sheet with three metal rings attached to a metal base. Attached onto the metal rings are sheets of looseleaf ruled paper. Each compartment is individually secured by a zipper closure on three sides. In closed position the binders measure approximately 13-1/2” x 11-1/4” x 2-1/2”.

You believed that the binders should be classified in subheading 4820.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for binders (other than book covers), folders and file covers, looseleaf binders. The binders are not classified in subheading 4820.30.0020, HTS, because they are not constructed of paper or paperboard.

The applicable subheading for the binders will be 6307.90.9989, HTS, which provides for other made up articles . . . Other. The rate of duty will be 7 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. If you have any questions regarding the ruling, contact National Import Specialist Mitchel Bayer at 212-637-7086.

Sincerely,

Robert B. Swierupski
Director,

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