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NY 874235


June 24, 1992

CLA-2-48:S:N1:234 874235

CATEGORY: CLASSIFICATION

TARIFF NO.: 4819.40.0040

Mr. William J. Ramia, Jr.
Alexander International
Memphis International Airport,
P.O. Box 30209
Memphis, Tennessee 38130

RE: The tariff classification of a printed gift bag, from China.

Dear Mr. Ramia:

In your letter dated April 29, 1992, on behalf of Cleo, Inc., a Gibson Greetings Company, you requested a tariff classification ruling.

A sample was furnished, which was submitted to the Customs Laboratory for analysis and certain measurements. See our letter to you of May 11, 1992.

The printed gift bag is of paper, made of chemical bleached fiber, coated with plastic. It has a base of a width of 20.5 cm, and is equipped with a braided textile cord handle. Attached to the handle is a printed paper gift or greeting card, not printed with a message or any wording, but printed with a reproduction on a smaller scale of the picture which principally decorates the bag.

A company logo, "CLEO", 2 copyright claims, 2 U. S. addresses, and a country of origin marking, "Made in China", are all printed in a rectangular area in the center of the bottom of the bag, in which position it would be readily visible to an ultimate purchaser in the United States. All the text is printed in ink which contrasts with the background (black on white; white on blue), and all the letters and numbers of the addresses and of the country of origin marking are in type of 1.5 mm or 2.0 mm in height. All the text is within a space measuring 6 cm x 4 cm.

The applicable subheading for the printed gift bag will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for :Other (than certain enumerated) sacks and bags, of paper. The rate of duty will be 5.3 percent ad valorem.
The country of origin marking on the bag, as described above, being legible, in a conspicuous place, permanent, in close proximity to U.S. addresses which appear on the bag, and in type of a comparable size to the type in which those addresses are printed, is acceptable marking for merchandise of this kind.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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