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NY B84819




May 21, 1997

CLA-2-44:RR:NC:SP:230 B84819

CATEGORY: CLASSIFICATION

TARIFF NO.: 6506.99.0000; 6405.90.9000; 4421.90.9840

Mr. Yong Chen
SCR Supply Inc.
10928 Weaver Ave., Unit D
S. El Monte, CA 91733

RE: The tariff classification of various bamboo articles from China.

Dear Mr. Chen:

In your letter dated April 23, 1997 you requested a tariff classification ruling. Five samples were submitted and are being returned to you as requested.

The first item is a hat made of small bamboo "beads" (tubes) which have been strung on textile yarn and metal wire into a mesh-like configuration. The hat, which is about 11" in diameter and 5" in height, is a functional article suitable for use as headgear.

The applicable subheading for the bamboo hat will be 6506.99.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (non-enumerated) headgear, whether or not lined or trimmed: of other (non-enumerated) materials. The rate of duty will be 8.5%.

The second item is a pair of sandals. The upper of the sandal consists mostly of hollow bamboo cylinders that are about 5 mm long and 2 mm in diameter. They are strung together using a string which is not visible anywhere on the upper. The material of the outersole is unspecified, but it will not affect the sandal's classification.

The applicable subheading for the sandals will be 6405.90.9000, HTS, which provides for footwear, in which the upper's external surface is not predominately leather, composition leather, textile materials, or rubber and-or plastics; in which there is a line of demarcation between the sole and the upper; and which is not disposable footwear designed for one time use. The rate of duty will be 12.5%.

The third item is a small handbag (about 4" in diameter and 7" high) whose construction is similar to that of the hat described above. The bamboo beads comprising the "mesh" are in two shapes: cylindrical ones individually measuring about 6 mm long by 2 1/2 mm in diameter, alternating with round ones approximately 3 1/2 mm in diameter. Despite their small size, these pieces of bamboo are quite strong and rigid. The handbag features dual carrying handles made of bamboo tubes bent into a circular shape.

The fourth and fifth items are vests (wearing apparel) also made of strung bamboo beads. Except for stylistic differences, the two samples are essentially the same, although some of the beads on one version are of plastic rather than bamboo.

The applicable subheading for the handbag and the vests (items 3 through 5) will be 4421.90.9840, HTS, which provides for other (non-enumerated) articles of wood. The rate of duty will be 4%.

We note that the samples are not marked with their country of origin. When imported into the United States, all items (or their immediate containers destined to reach the ultimate purchasers) will be required to be so marked (e.g., "Made in China"), legibly and in a conspicuous place.

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 212-466-5779.

Sincerely,

Gwenn Klein Kirschner
Chief, Special Products Branch

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