The tariff classification of a travel pouch and notebook, from China

NY H80817 May 3, 2001 CLA-2-48:RR:NC:2:234 H80817 CATEGORY: Classification TARIFF NO.: 4202.92.3031; 4820.10.2050 Ms. Lorianne Aldinger Import Manager Rite Aid Corporation Box 3165 Harrisburg, Pennsylvania 17105 RE: The tariff classification of a travel pouch and notebook, from China Dear Ms. Aldinger: In your letters dated April 26, 2001 you requested tariff classification ruling for four (4) articles. Samples were submitted, which will be retained for reference. One sample, designated “Power Puff Pencil Case”, is a soft, zippered case, measuring 8” wide and 4 ½” high. It bears a label reading “Rite Aid Item #996982”. It is composed of polyester velvet (60%), nylon (37%) and a zipper. It features direct embroidery and an easy-clean lining. It is decorated with a “power puff girls” logo on the front. This article is a generic travel pouch of man-made textile material. The applicable subheading for it will be 4202.92.3031, Harmonized Tariff Schedule of the United States (HTS). The rate of duty will be 18.3 percent ad valorem. Its textile category is 670, and it is subject to quota and visa requirements. Another sample is Rite Aid Item #996984, “Power Puff Girls Spiral Notebook”. It is a spiral bound notebook of pink pages, lined with darker pink lines, with rigid covers that are themselves covered with a velvet fabric. It measures 7” x 5 ½”, and features an embroidered “Power Puff Girls” logo on the front cover. The applicable subheading for this item will be 4820.10.2050, HTS, which provides for bound notebooks of paper or paperboard. The rate of duty will be 1.2 percent ad valorem. There are no textile quota or visa requirements for this article. The third sample, “Planner”, Rite Aid #996983, and the fourth sample, “Tri-Fold Planner”, Rite Aid # 996985, are articles the classification of which involves issues that are currently pending resolution by the U.S. Supreme Court (#99-1434). Pursuant to Section 177.7(b) of the Customs Regulations (19 C.F.R. 177(b)), we are unable to issue a ruling as to these, at this time. To obtain classification assistance when entering these latter articles you may wish to consult with local Customs officials at the port of entry. In addition, you may wish to consider resubmitting your request(s) for a ruling(s) for these articles at a later date. In that case, it is suggested that before doing so, you first call this office to ascertain whether court action is still pending. 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 Carl Abramowitz at 212-637-7060. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division