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NY K80944





January 2, 2004
CLA-2-42:RR:NC:TA:341 K80944

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.92.9060; 4202.92.9026

Mr. Gordon C. Anderson
C. H. Robinson International, Inc.
8967 Columbine Road, Suite 400
Eden Prairie, MN 55347-4194

RE: The tariff classification of organizers from China.

Dear Mr. Anderson:

In your letter dated December 9, 2003, on behalf of Zondervan Publishing House, you requested a classification ruling.

The samples submitted are identified as item numbers A1693-10, A1685-1 and 032881L “Bible Covers”.

Item A1693-10 is zippered carrying case designed to contain a book, small personal effects and compact discs. It measures approximately 11” x 7 ½” x 2”. It is constructed with an exterior surface of polyvinyl chloride (PVC) sheeting. The interior features two sleeves to hold the bible in place, a storage pocket with hook and loop closure, and slots/sleeves for holding business cards, pens, pencils, etc. The exterior features a zippered pocket designed with sleeves to hold 12 compact disks.

Item A1685-1 is a unit consisting of a tote bag with a detachable zippered book cover. The two components are attached by means of a specially designed zipper closure. The whole is made up for sale as a unit and is a convenient means of traveling with personal effects including a book such as a bible. The unit can be used as a tote bag with the book cover affixed to the bottom as an integral carrying compartment, or as two separate entities. The tote bag can be compressed and zippered closed when not in use and measures approximately 10” x 10” x 10” with carrying handles and zippered exterior pocket. Item A1685-1 is manufactured with an exterior surface of nylon. .

Item 032881L is a backpack with a detachable book cover. It is manufactured with an exterior surface of nylon. It measures approximately 11” x 3” x 7”. This article features two zippered enclosures that open up to two separate detachable compartments. The first compartment has two interior sleeves to hold a book, such as a bible. The second compartment unfolds into a backpack that features adjustable straps and a zippered flat exterior pocket. Item 032881L is a whole sold and used as a unit similar to item 032881L

In your letter you suggested item A1693-10 is classified under subheading 3926.10.0000, HTSUSA, which provides for “Other articles of plastics, office or school supplies”, and items A1685-1 and 032881L are classified in 6307.90.9889, HTSUSA, which provides for “Other made up articlesOther. However, both tariff provisions are subject to legal exclusionary notes that exclude goods classifiable in Heading 4202. Therefore, if the items are classifiable in heading 4202, HTSUSA, they cannot be classified within the alternative, less specific provisions.

Each item, now submitted, is a whole that is designed and used to provide the useful characteristics of storage, protection, organization and portability to personal effects, including a book such as a bible. Therefore each item is of a kind similar to those of heading 4202 and is precluded from classification in either alternative provision.

Your samples are being returned as requested.

The applicable subheading for item A1693-10, the bible cover of PVC, will be 4202.92.9060, Harmonized Tariff Schedule of the United States (HTS), which provides in part, for other bags and containers, with outer surface of sheeting of plastic, other, other, other. The duty rate will be 17.8 percent ad valorem. The duty rate for 2004 will be 17.6 percent ad valorem.

The applicable subheading for items A1685-1 and 032881L, the bible covers of nylon, will be 4202.92.9026, HTS, which provides in part, for other bags and containers, with outer surface of textile materials, other, other, of man-made fibers. The duty rate will be 17.8 percent ad valorem. The duty rate for 2004 will be 17.6 percent ad valorem.

HTS 4202.92.9026 falls within textile category designation 670. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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.

Sincerely,

Robert B. Swierupski
Director,

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