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NY J89352




October 14, 2003

CLA-2-48:RR:NC:SP:234 J89352

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.40.0040

Ms. Irene Kwok c/o Mr. Zakir Ally
CDP Asia Ltd.
12 W. 57th St., 5th floor
New York, NY 10019

RE: The tariff classification of paper bags from China.

Dear Ms. Kwok:

In your letter dated September 5, 2003, you requested a tariff classification ruling.

A sample identified as a “foldable paper shopping bag” (item # C-89342) was submitted for our examination. It is a miniature, coated-paper shopping/gift bag having a height of about 3 inches and a flat, rectangular bottom measuring approximately 1¾ by 5 inches. A textile ribbon, tied into a bow, is threaded through the upper portion of the bag.

The applicable subheading for the # C-89342 paper bag will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) sacks and bags, including cones, of paper or paperboard. The rate of duty will be 0.5%.

We note that the sample is not marked with its country of origin. When imported into the United States, the product (or its immediate packaging) will be required to be so marked (e.g., “Made in China”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser or recipient.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,

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