HQ 086377: Ring Folders

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 086377

                                   February 14, 1990



            CLA-2:CO:R:C:G  086377  SR

            CATEGORY:  Classification

            TARIFF NO.:  6307.90.9050

            Peter J. Fitch, Esq.
            Fitch, King and Caffentzis
            116 John Street
            New York, NY 10038

            RE: Ring Folders

            Dear Mr. Fitch:

                 This is in reference to your letter dated January 24,
            1990, requesting the classification of ring folders under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).  A sample produced in Taiwan or China was submitted.

            FACTS:

                 The merchandise at issue consists of flocked man-made
            textile ring folders.  They are used as point of purchase
            wrappings for band-type rings, to prevent the ring from being
            scratched during transport home from the store.  The folder
            measures approximately 1-3/4 inches by 1-3/4 inches, when
            folded.  The four sides of the folder each fold around a
            cardboard square that measures 1-1/2 inches by 1-1/2 inches.
            The flaps are held together by a snap closure.  The inside
            square is covered with flocked textile and has a piece of
            plastic stretched across the top which holds down the ring.

            ISSUE:

                 Whether the ring folders at issue are classifiable under
            heading 4202, HTSUSA, or heading 6307, HTSUSA.

            LAW AND ANALYSIS:

                 Headquarters Ruling Letter (HRL) 085156, dated
            November 20, 1989, stated Customs position that containers that
            are essentially retail packaging, rather than boxes designed
            for the keeping of jewelry, are classifiable under the














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            appropriate heading pertaining to the materials of which the
            container is primarily composed.  Jewelry boxes that are not
            merely retail packaging are classifiable under heading 4202,
            HTSUSA.  This rule applies to jewelry pouches as well as
            jewelry boxes.

                 The ring folder at issue is the type of container that is
            given to the purchaser at the point of purchase to carry the
            ring home from the store.  It is not the type of merchandise
            that is normally carried around in the purse or pocket.  The
            ring folder at issue is essentially retail packaging,
            therefore, it is classifiable as a made up textile article.

            HOLDING:

                 The ring folders at issue are classifiable under
            subheading 6307.90.9050, HTSUSA, which provides for other made
            up articles, other other.  The rate of duty is 7 percent ad
            valorem.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division



































            6 cc A.D. New York Seaport
            1 cc Durant
            1 cc legal reference