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