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NY L87992




October 24, 2005

CLA-2-46:RR:NC:2:230 L87992

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2920; 4602.10.2940; 4602.90.0000

Ms. Francine Marcoux
Hampton Direct, Inc.
350 Pioneer Drive
P.O. Box 1199
Williston, VT 05495

RE: The tariff classification of handbags and tote bags made of cornhusk, wheat straw and woven paper strips from China

Dear Ms. Marcoux:

In your letter dated September 27, 2005 you requested a tariff classification ruling.

The ruling was requested on three styles of handbags and tote bags, item numbers 52460, 52470 and 52480. Samples and descriptive literature were submitted

Item # 52460 is referred to as the “Cornhusk Tote w/Gerber Daisies.” The sample is a large tapered bag measuring approximately 12” high x 5-1/2” deep x 17” wide at the top. The bag has two long braided handles and a button snap closure. It is lined with a polyester fabric and has two inside pockets. The bag is made of cornhusk. Bundles of cornhusk strips are braided together to form a one-inch wide continuously long braid. The braid is wound around to form the shape of the bag. Dyed strips of raffia hold the braid in place and decoratively accent the bag. The front of the bag is decorated with three Gerber daisies made of dyed raffia strips with wood beads in the center.

Item # 52470 is referred to as the “Black Straw Handbag w/Red Poppies.” The sample is a rectangular handbag with two long handles and a zipper closure. The bag measures approximately 11” high x 14” wide x 3” deep. It is made of folded paper strips that are dyed black and interwoven together. The interior of the bag is lined with polyester fabric and has two pockets on one side. The front of the bag is decorated with red poppies made of raffia strips and wood beads.

Item # 52480 is referred to as the “Straw Handbag w/Drawstring Closure.” The sample is an oval shaped handbag measuring approximately 9” high x 13” wide x 5” deep. It is lined with polyester fabric, which extends beyond the opening of the bag and has a drawstring closure on the end. The bag is made of strips of wheat straw dyed three different colors. The wheat straw strips are formed into a 5/8” wide continuously long braid, which is wound around to the shape of the bag and sewn in place. The handbag has two imitation leather handles.

The applicable subheading for the wheat straw handbag, item # 52480 (“Straw Handbag w/Drawstring Closure”) will be 4602.10.2920, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials . . : Of vegetable materials: Luggage, handbags and flatgoods, whether or not lined: Other (than of bamboo, willow, rattan or palm leaf): Handbags. The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the cornhusk tote bag, item # 52460 (“Cornhusk Tote w/Gerber Daisies”) will be 4602.10.2940, HTSUSA, which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials . . : Of vegetable materials: Luggage, handbags and flatgoods, whether or not lined: Other (than of bamboo, willow, rattan or palm leaf): Other (than handbags). The rate of duty will be 5.3 percent ad valorem.

The applicable subheading for the woven paper strip handbag, item # 52470 (“Black Straw Handbag w/Red Poppies”) will be 4602.90.0000, HTSUSA, which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials . . : Other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.

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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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