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NY G80349




August 22, 2000

CLA-2-46:RR:NC:2:230 G80349

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000; 4602.10.2920; 4202.22.8070; 4202.22.8050

Ms. Linda Broadford
Bradlees Stores, Inc.
1 Bradlees Circle
Braintree, MA 02184

RE: The tariff classification of a plaited plastic beach bag, a crocheted cornhusk bag, a woven paper yarn handbag and a nylon handbag from China

Dear Ms. Broadford:

In your letter dated August 1, 2000 you requested a classification ruling.

The ruling was requested on four styles of bags listed as numbers BRA2006, BAD001, BAD002 and 3079. A sample of each style was submitted and will be returned to you as you requested.

Style BRA2006 is described as a large plastic beach bag 24 inches wide x 20 inches high. It is an unlined open flexible bag with two handles. It is made of interwoven ribbed plastic strips measuring 7 mm wide.

The applicable subheading for the large plastic beach bag (#BRA2006) will be 4602.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials; other (than of vegetable materials). The duty rate will be 3.5 percent ad valorem.

Style BAD001 is described as a cornhusk crochet bag with two PVC shoulder straps. The sample is a bag with two snap closures which close the bag from back to front and from side to side. It is fully lined with textile fabric and has an inside zippered pocket. The closed bag is 9 inches wide on the top and 14 inches wide on the bottom. It measures approximately 11-1/2 inches high and 5 inches deep. The outer surface of the bag is made of crocheted bundles of cornhusk strips. The bag is used as a handbag to carry small items.

The applicable subheading for the crocheted cornhusk bag (#BAD001) will be 4602.10.2920, HTSUSA, which provides for articles made from plaiting materials, of vegetable materials, other, handbags. The duty rate will be 5.3 percent ad valorem.

Style BAD002 is described as a paper straw crochet bag with two PVC shoulder straps. The sample is a handbag measuring approximately 8 inches wide x 8-1/2 inches high x 3-1/2 inches deep. It is fully lined with textile fabric and has an inside zippered pocket. It has one snap closure. The outer surface of the bag is made of interwoven double strands of twisted paper yarn.

The applicable subheading for the woven paper yarn handbag (#BAD002) will be 4202.22.8070, HTSUSA, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, other, of paper yarn. The duty rate will be 18.6 percent ad valorem.

Style 3079 is described as a nylon straw handbag with vinyl trim at the sides and a vinyl strap. The bag is approximately 11 inches wide x 7 inches high x 3 inches deep. It is lined with a textile fabric and has an inside zippered pocket. It has a full zippered closure on top. The outer front and back surface consist of a man-made fiber fabric.

The applicable subheading for the nylon handbag (#3079) will be 4202.22.8050, HTSUSA, which provides for handbags, whether or not with shoulder strap, including those without handle, with outer surface of textile materials, other, other, other, of man-made fibers. The duty rate will be 18.6 percent ad valorem.

Style #3079, classifiable under subheading 4202.22.8050, HTSUSA, falls within textile category designation 670. Based upon international textile trade agreements, as a product of China, this handbag is subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 Paul Garretto at 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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