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NY J87523

September 5, 2003

CLA-2-42:RR:NC:TA:341 J87523


TARIFF NO.: 4202.32.1000

Mr. Charles Frohman
Advantus Corp.
12276 San Jose Blvd., Ste. 115
Jacksonville, FL 32223

RE: The tariff classification of a badge holder from China.

Dear Mr. Frohman:

In your letter dated August 27, 2003, you requested a tariff classification ruling for a badge holder.

A sample of item #75413 has been submitted. The item is a badge holder for use as a means of identification. The holder is made up of a sheeting of plastics, which is reinforced or laminated with textile material. The outer surface is of a sheeting of plastic with a clear plastic window on one side. It measures approximately 5 ½”(W) x7”(H) with an adjustable braided strap, which allows the user to hang the holder from the neck. The holder features a front pocket for the ID, a rear pocket to hold a pen and other stationery items. The rear pocket has a hook and loop fastener to secure the items within.

In your letter you suggested classification under subheading 6307.90.9889, HTSUSA, which provides for other made up articles of textile, other. However, the badge holder is of a kind eo nonine provided for in HTS 4202, and is more specifically provided in that heading. Such goods are excluded from heading 6307 by legal note.

Heading 4202 includes goods known as articles of a kind normally carried in the pocket or in the handbag. The instant item is a badge holder and is similar to the goods of heading 4202.

The applicable subheading for the badge holder will be 4202.32.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag, with outer surface of sheeting of plastic, of reinforced or laminated plastics. The rate of duty will be 12.1 cents/kg plus 4.6 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 Kevin Gorman at 646-733-3041.


Robert B. Swierupski

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