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NY M87166





October 20, 2006

CLA-2-63:RR:NC:N3:351 M87166

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Carl A. Luther
Customs Specialist
Staples
500 Staples Drive, 5th Floor West
Framingham, MA 01702

RE: The tariff classification of a file tote and a magazine file from China

Dear Mr. Luther:

In your letter dated October 27, 2006, you requested a tariff classification ruling. The samples will be returned as requested.

The submitted samples are a file tote and a magazine file. Item #14134-US is a File Tote with handles. It measures approximately 13” wide x 11” deep x 6” across. The tote’s four outside panels and bottom support are multi-density fiberboard covered on the exterior surface with polyester woven fabric. The interior and the bottom are covered with brushed textile fabric. There are two iron bars for hanging file folders. There are two polyurethane handles. It will be marketed as a file tote to store files for business/office use.

Item #14130-US is identified as a desktop Magazine File. It measures approximately 10” wide x 11½” deep x 4” across; it is cut on the diagonal to facilitate inserting and removing magazines. The file is of similar construction to the File Tote (polyester fabric over paperboard). It will be marketed as a desktop magazine file for business/office use.

The applicable subheading for the file tote and the magazine file will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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