## Facts

- Avenues in Leather, Inc. imported four types of large leather “folios” that the parties agreed should receive the same tariff classification.
- The folios were used to store, organize, and carry papers, books, pens, pencils, and similar items.
- Each folio could be opened and closed, measured at least 13 inches tall by 10 inches wide when closed, and secured contents via a three-sided zipper and gusset and/or multiple interior and exterior pockets.
- Each folio contained a three-ring binder attached to the interior spine and included a lined notepad.
- The folios had leather exteriors, large pockets, and handles built into the spine or recessed into pockets.
- Customs classified the folios under HTSUS heading 4202, subheading 4202.11.00 (leather containers), and assessed duty accordingly.
- Avenues protested, arguing the folios should be classified under HTSUS heading 4820 (diaries, notebooks, and similar articles).
- The Court of International Trade upheld Customs’ classification, and Avenues appealed.

## Issues

1. Whether the leather folios are classifiable under HTSUS heading 4202 as “similar containers” to the listed exemplars, applying ejusdem generis.
2. Whether the folios instead fall under HTSUS heading 4820 as diaries, notebooks, or similar paper-based articles.

## Decision

- The Federal Circuit affirmed the Court of International Trade.
- The court held the folios were properly classified under HTSUS heading 4202, subheading 4202.11.00, as “similar containers.”
- The court rejected classification under heading 4820, concluding the binder and notepad were secondary features that did not change the folios’ primary function.

## Legal Principles

- Under ejusdem generis, general terms following specific exemplars are construed to include items sharing the exemplars’ common characteristics or unifying purpose.
- For HTSUS heading 4202, the unifying purpose of the listed exemplars is “organizing, storing, protecting, and carrying various items.”
- Proper ejusdem generis analysis considers (1) the common characteristics or unifying purpose of the heading’s exemplars and (2) the imported article’s specific primary purpose.
- Classification turns on primary purpose rather than incidental components included within the article.

## Conclusion

Because the folios’ primary purpose was to organize, store, protect, and carry documents and related items—making them functionally and physically comparable to heading 4202 exemplars such as briefcases and attaché cases—the court upheld Customs’ classification under HTSUS subheading 4202.11.00 rather than heading 4820.


Avenues in Leather, Inc. v. United States, 178 F.3d 1241 (Fed. Cir. 1999)