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NY K80271

November 28, 2003
CLA-2-46:RR:NC:2:230 K80271


TARIFF NO.: 4602.90.0000

Mr. Zakir Ally
CDP Asia Ltd.
12 West 57th St., 5th Fl
New York, NY 10019

RE: The tariff classification of a beach tote with companion from China

Dear Mr. Ally:

In a letter dated October 31, 2003 submitted by CDP Asia Limited, a tariff classification ruling was requested.

The ruling was requested on a product described as a paper straw beach tote with companion (C-86759S). A sample of the product was submitted for our review. The sample is an open bag measuring approximately 13” high by 18” wide by 7” deep. The tote bag is made of interwoven folded strips of paper. It is lined with multi-colored striped cotton canvas and has an inside zippered pocket. The bag has two long handles made of woven paper backed with cotton fabric and it has two short straps made of cotton canvas for tying the top together.

Attached to one handle by means of a button snap closure is a small oval tube companion container made of the same multi-colored cotton canvas as the lining of the tote bag. The tube container is lined on the inside with a solid colored fabric. It measures approximately 5” long and 2-3/4” in diameter. It has a zippered top and a cotton canvas strap that forms a loop with a button snap closure at the end. The small container is designed to be used together with the large open tote bag in carrying large and small items to the beach. The tote bag and companion are classifiable together as a set. The essential character of the set is imparted by the tote bag.

The applicable subheading for the beach tote bag made of woven folded paper strips with companion (C-86759S) 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 rate of duty will be 3.5 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.


Robert B. Swierupski

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