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NY M86715

October 13, 2006

CLA-2-46:RR:NC:2:230 M86715


TARIFF NO.: 4602.90.0000

Ms. Denise A. Guertin
Studio Imports Ltd., Inc.
2252 Hayes St.
Hollywood, FL 33020

RE: The tariff classification of a crocheted paper handbag from China

Dear Ms. Guertin:

In your letter dated September 11, 2006 you requested a tariff classification ruling.

The ruling was requested on a bag, style # ST1541. A sample of the bag was submitted for our review. The sample is a flexible sling shoulder bag with a braided textile shoulder strap. The bag measures approximately 12” wide x 9” high x 5” deep (when filled). The exterior of the bag is made of folded paper strips which have been crocheted together. The interior of the bag is fully lined with a textile fabric and features a zippered pocket on one side and a two-compartment open pocket on the other side. The bag has a button snap closure and a braided textile strap with two attached metal rings. The essential character of the shoulder bag is imparted by the crocheted paper exterior.

The applicable subheading for the shoulder bag, style # ST1541, will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601, other (than of vegetable materials). The rate of duty will be 3.5 percent ad valorem.

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/.

The sample submitted was 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 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.


Robert B. Swierupski

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