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NY M81351

April 5, 2006

CLA-2-42:RR:NC:3:341 M81351


TARIFF NO.: 4202.92.4500

Mr. Ky Low
Rainbow Brothers Limited
25/F Lever center
70 King Yip Street
Kwun Tong, Hong Kong

RE: The tariff classification of Shopping/Tote Bag/ Trick-or-Treat Bag and Glass Ornament from China

Dear Mr. Low:

In your undated letter you requested a tariff classification ruling.

The submitted samples are identified as a “Halloween Candy Bag” and a “Decorative Glass Ornament” consisting of two glass swans put up in a retail carton. The samples will be returned to you

The “Candy Bag” is a double handled shopping type tote bag wholly constructed of a sheeting of plastic that is 5.5 MIL (a MIL is one thousandth of an inch) thick. Its seams are covered with plastic sheeting and the seams and all edges are sewn. The exterior surface is printed with a Halloween motif. The bag is suitable for repeated reuse.

The applicable subheading for the shopping bag will be 4202.92.4500, Harmonized Tariff Schedule of the United States (HTSUS), which provides for travel, sport and similar bags, with outer surface of a sheeting of plastic or textile materials, other. The rate of duty will be 20 percent ad valorem.

Regarding your request for a ruling on the glass swans, we need additional information in order to issue a ruling. Please submit the additional information indicated below.

For each of these items, was the glass colored throughout the body of the article or was only a portion of each item colored? Please explain precisely which portions of each swan were colored.

How were these products colored? Was a genuine source of color (e.g., a pigment or dye) inserted into each glass article prior to solidification? Were these items simply painted? Were they colored in another manner? If these items were colored prior to solidification, please identify the precise chemical or mineral name of the source of color (pigment, dye, etc.) inserted into the glass prior to solidification.

Do these products contain bubbles, seeds or stones? Do they contain fining agents (e.g., antimony or arsenic oxides) that stifle the formation of bubbles, seeds or stones? If they contain fining agents, please indicate the precise chemical names of these agents.

What is the unit value of each swan? Unit value refers to the price at which the foreign seller to the American importer sells a single article.

Do these products consist of lead crystal glass – i.e., do they contain at least 24 percent lead monoxide by weight?

When this information is available, you may wish to consider resubmission of your request.

If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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 Kevin Gorman at 646-733-3041.


Robert B. Swierupski

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