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NY H85067





August 21, 2001

CLA-2-46:RR:NC:2:230 H85067

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Ms. Yvonne S. Chesson
Traffic Dept x 104
Galaxy Freight Service
153-02 Baisley Blvd
Jamaica, NY 11434

RE: The tariff classification of a small tote bag made of woven folded paper strips with a wire frame from the Philippines

Dear Ms. Chesson:

In your letter dated August 9, 2001, on behalf of your client Limelight Inc., you requested a tariff classification ruling.

The ruling was requested on a small tote bag to be used to package cosmetic items. A sample of the product was submitted. A tag identifying it as item # LL 20003 is attached to the sample. The bag measures approximately 7 inches wide by 5-1/2 inches high by 4 inches deep. It is made of interwoven strips of folded paper, with a wire frame for support. It has two short handles made of wire and wrapped with folded paper strips. A fabric rose decorates the front.

The applicable subheading for the tote bag made of folded paper strips 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. The duty rate will be 3.5 percent ad valorem.

Articles classifiable under subheading 4602.90.0000, HTSUSA, which are products of the Philippines are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

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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