CLA-2-42:OT:RR:NC:N4:441

Christina Zambuto
Diesel USA, Inc.
220 West 19th Street
New York, NY 10011

RE: The tariff classification of a passport case, briefcases, a laptop case, and a backpack from China

Dear Ms. Zambuto:

In your letter dated October 6, 2010, you requested a tariff classification ruling. Your samples will be returned to you.

The style you refer to as “Blondie” is a passport case constructed of 100% genuine leather. It is designed to provide storage, protection, portability, and organization for a passport, boarding pass, identification, and other travel documents. The interior of the case is textile-lined with no additional features. The case has a zipper closure and a thin leather strap that can be worn around the neck or over the shoulder. It measures approximately 4.5” (W) x 8” (L) x 0.75” (D).

The style you refer to as “Neosole” is a padded laptop sleeve constructed with an outer surface of 100% polyurethane (PU) plastic sheeting. It is designed, sized, and marketed to provide storage, protection, and portability to a laptop computer. The sleeve is specially shaped to hold one laptop computer. It features a textile-lined storage compartment with a zipper opening at the top. The sleeve measures approximately 13.25” (W) x 10” (H) x 1” (D).

The style you refer to as “Supporty” is a briefcase with a laptop sleeve. Both items are constructed with an outer surface of cotton textile material. For tariff purposes, the items are considered a set with the briefcase imparting the essential character. The briefcase is designed to provide the useful functions of storage, protection, organization, and portability to papers, documents, and various other articles. The interior is textile-lined with a hanging pocket on the sidewall. It has an adjustable, removable shoulder strap and two carrying handles. The front exterior has an open pocket with a magnetic closure and an overlapping zipper pocket across the width of the case. The rear exterior of the case has an open pocket with a magnetic closure across the width of the case. It measures approximately 17” (W) x 13” (H) x 5.25” (D).

The style you refer to as “Affair” is a briefcase constructed of 100% genuine leather. It is designed to provide the useful functions of storage, protection, organization and portability to papers, documents, and various other articles. The interior of the case is textile-lined and divided into two sections, both with a metal zipper closure. The interior has a hanging pocket with overlapping pockets. The case has two leather carrying handles and an adjustable shoulder strap. The front of exterior has a zipper compartment across the width of the case. It measures approximately 17.5” (W) x 13” (H) x 4” (D).

The style you refer to as “Wuana” is a child’s backpack constructed with an outer surface of 100% nylon textile material. The backpack is designed to provide storage, protection, organization, and portability to a child’s personal effects during travel. The interior is unlined with no additional features. There are drawstring cords permanently attached to the rear exterior of the bag which enable the user to wear the bag over the shoulders and on the back. The bag has an opening at the top that secures when the drawstring is pulled tight. It measures approximately 8.25” (W) x 10” (L).

The applicable subheading for Blondie will be 4202.91.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other containers and cases, with outer surface of leather, other. The rate of duty will be 4.5 percent ad valorem. The applicable subheading for Neosole will be 4202.92.9060, HTSUS, which provides for other containers or cases, other, with outer surface of sheeting of plastics, other. The rate of duty will be 17.6% ad valorem.

The applicable subheading for Supporty will be 4202.12.4000, HTSUS which provides for briefcases, school satchels…with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The rate of duty will be 6.3 percent ad valorem.

The applicable subheading for Affair will be 4202.11.0030, HTSUS, which provides for trunks, suitcases, vanity cases, attaché cases, briefcases, school satchels and similar containers, with outer surface of leather, briefcases. The rate of duty will be 8 percent ad valorem.

The applicable subheading for Wuana will be 4202.92.3020, HTSUS, which provides for travel, sports, and similar bags, with outer surface of textile materials, other, other, of man-made fibers, backpacks. The rate rate of duty will be 17.6% 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 Vikki Lazaro at (646) 733-3041.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division