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NY L81519

January 5, 2005

CLA-2-63:RR:NC:N3:351 L81519


TARIFF NO.: 6307.90.9889

Ms. Stacy Bauman
American Shipping Co. Inc.
140 Sylvan Ave.
Englewood Cliffs, NJ 07632

RE: The tariff classification of binders from China.

Dear Ms. Bauman:

In your letter dated Dec. 9, 2004, you requested a ruling on behalf of World Partners Group of Sugar Loaf, New York, on tariff classification.

You submitted two samples of three-ring binders. The first is approximately 10½” x 8”, with a 2½” spine. It is composed of three layers: a plastic panel for stiffness covered with a woven polyester fabric with a thin layer of foam in between. Inside on the right-hand side is a mesh pocket; on the left-hand side are various- sized pockets to hold diskettes, pens, and related small items. The binder closes with an all-around zipper. On the cover is an embroidered emblem of a scuba diving organization, PADI; the binder is made specifically to hold a PADI diver’s log, dive certification cards, and the like.

The applicable subheading for this textile-covered binder will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up textile articles, other. The general rate of duty will be seven percent ad valorem.

The second binder is approximately 11¼” x 9”, with a 2½” spine. It also has a mesh pocket, two flap pockets, diskette pockets, pen loops and an all-around zipper. It is plastic with an inner layer of thin foam but it is covered in PVC. The PVC is a cellular plastic with a woven fabric reinforcement.

The applicable subheading for the PVC binder will be 3926.10.0000, HTS, which provides for other articles of plastics: Office or school supplies. The rate of duty will be 5.3 percent ad valorem.

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

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 646-733-3102.


Robert B. Swierupski

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