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NY N004876




January 24, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.40.0040

Ms. Holly VanDeusen
Darice
13000 Darice Parkway, Park 82
Strongsville, OH 44149-3800

RE: The tariff classification of a paper gift bag from China

Dear Ms. VanDeusen:

In your letter dated December 15, 2006, on behalf of the importer, Lamrite West Inc., you requested a tariff classification ruling.

The ruling was requested on a paper bag, item # 2480-10, “Bag - Ho Ho Ho.” A sample of the item was submitted, which will be returned to you as you requested.

The sample is a flat-bottomed brown paper bag measuring approximately 3-3/4” wide x 1-1/2” deep x 4” high. The bag has two handles made of twisted paper cord. The front of the bag is decorated with a felt heart printed with a Santa face and the words “Ho Ho Ho.”

You state that the bag will be used for Christmas gifts and suggest classification in subheading 9505.10.2500, Harmonized Tariff Schedule of the United States (HTSUS) which provides for articles for Christmas festivities. However, packagings of paper are excluded from classification in heading 9505 (Explanatory Notes for heading 9505).

The applicable subheading for item # 2480-10, “Bag – Ho Ho Ho” will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other sacks and bags of paper or paperboard. The rate of duty will be free.

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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