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NY I86167




September 26, 2002

CLA-2-46:RR:NC:2:230 I86167

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2940

Ms. Cari Grego
Dollar Tree Stores, Inc.
500 Volvo Parkway
Chesapeake, VA 23320

RE: The tariff classification of girls’ straw bags from China

Dear Ms. Grego:

In your letter dated September 9, 2002 you requested a tariff classification ruling.

The ruling was requested on your item number SKU 807509 – referred to as a “Girls Summer Straw Purse.” Two samples of different styles of the product were submitted. Both samples consist of carrying bags made of vegetable plaiting materials. Both samples are lined with an orange and white checkered fabric and have a colorful fish decoration on the outside. The samples are open bags without any pockets, compartments or closures.

One style has a rectangular shaped opening and measures approximately 6 inches high by 8 inches wide by 4 inches deep. It is constructed of interwoven bundles of cornhusk strips which are referred to as maize straw in your letter. It has two handles made of braided cornhusk.

The other style has an oval shaped opening and measures approximately 6-1/2 inches high by 7 inches wide by 2-1/2 inches deep. It is made of orange colored braided strips of wheat straw which are placed side by side and sewn together. It has one handle made of braided wheat straw.

The applicable subheading for both styles of item SKU 807509 will be 4602.10.2940, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made directly to shape from plaiting materials; of vegetable materials; luggage, handbags and flatgoods, whether or not lined, other, other. The rate of duty will be 5.3 percent ad valorem.

We note that the samples were not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. 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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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