CLA-2-42:RR:NC:WA:341 A88419

Mr. Mark Sandstrom
Thompson Hine & Flory P.L.L.
Attorneys at Law
1920 N Street, N.W.
Washington, DC 20036-1601

RE: The tariff classification of CD-Rom and Diskette cases. It is assumed the items are products of China.

Dear Mr. Sandstrom:

In your letter dated October 7, 1996, on behalf of School and Office Products Division of the Mead Corporation, you requested a classification ruling for CD-Rom and Diskette cases.

You have submitted three samples of CD-Rom and diskette cases with your request, identified as item numbers 33008, 33010 and 46002. The cases fold roughly in half and close by means of a nylon coil zipper extending around three sides. The inner and outer surfaces are composed of nylon. Between the surface layers of fabric the sides are padded and a plastic stiffener is inserted within each side.

Each item is a container of a kind similar to those of Heading 4202, HTSUSA. The containers are designed to provide storage, protection, organization and portability for the various articles they hold.

In a recent Customs decision HQ. 958773, July 29, 1996, the Customs Service found that if substantially similar containers are of a kind similar to those of Heading 4202, HTSUSA, the articles are properly classified within Heading 4202 and by application of the various Notes found in alternative provisions, they are excluded from those provisions.

The samples submitted, items 33008, 33010 and 46002 are classified within subheading 4202.92.9025, Harmonized Tariff Schedule of the United States (HTS), which provides for trunks, suitcases..., binocular cases, camera cases..., and similar containers, with outer surface of sheeting of plastic or of textile materials, other, other, of man-made fibers. The duty rate will be 19.5 percent ad valorem.

Items classifiable under 4202.92.9025 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.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 212-466-5893.


Roger J. Silvestri
National Commodity
Specialist Division