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NY G84295

November 28, 2000

CLA-2-46:RR:NC:2:230 G84295


TARIFF NO.: 4602.90.0000

Ms. Irene Kwok
Concept 3 Ltd.
C/O Ms. Angel Hui
12/F., Suite 1278
330 Madison Ave.
New York, NY 10017

RE: The tariff classification of a woven plastic bag from China

Dear Ms. Kwok:

In your letter dated October 31, 2000 you requested a tariff classification ruling.

The ruling was requested on a product described as a PVC basket, item # C3-54919. A sample of the product was submitted. The sample is a tote style bag measuring approximately 10 inches wide by 10-1/2 inches high by 5 inches deep. It is made of interwoven plastic strips approximately 15 mm wide. The strips have been embossed with a lattice pattern and dyed blue. The bag has two short handles made of braided 7 mm wide plastic strips. The bag has no lining or closures.

The applicable subheading for the woven plastic bag, item # C3-54919 will be 4602.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.

In response to your question, there are presently no countervailing or antidumping duties applicable for products classifiable in subheading 4602.90.0000.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

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.


Robert B. Swierupski

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