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NY C82330




December 19, 1997

CLA-2-46:RR:NC:SP:230 C82330

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Rosy Curbelo
Almacenes Pitusa, Inc.
Call Box 839
Hato Rey Station
San Juan, P.R. 00919-0839

RE: The tariff classification of sinamay boxes from the Philippines.

Dear Ms. Curbelo:

In your letter dated October 29, 1997, resubmitted with a sample on December 3, you requested a tariff classification ruling.

The sample, which will be retained for reference, is identified as a decorative or utility sinamay box (Item # S29F9072). It is a 4" x 7 3/4" x 2 3/8"(H) container with a removable lid. The lower portion appears to consist of unspun dyed abaca fibers, loosely woven into a lattice-like fabric supported by a wire frame. The frame is composed of the top and bottom rims, two rods running across each other on the base and six upright supports. All of the wire pieces are completely wrapped with the same kind of fibers which form the fabric "walls" and base. The upper portion (lid) of the article has the same type of construction, but is adorned with ribbons and a "flower" also made of the same type of fibers.

The applicable subheading for the above-described "sinamay box" will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials. The rate of duty will be 4.5%.

Articles which are classifiable under subheading 4602.10.1800, HTS, which are products of the Philippines are entitled to duty-free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations.

The two other styles of boxes mentioned in your inquiry (Item S29F9071, "Sinamay Box," and Item S29F9037, "Hexagonal Sinamay Wired Box"), if of the same type of construction and materials as style S29F9072, will also be classifiable under subheading 4602.10.1800, HTS.

Please note that when imported into the customs territory of the United States, the goods (or if applicable, their immediate containers destined to reach the ultimate purchaser) must be marked so as to inform said purchaser of the country of origin. Such marking (e.g., "Made in the Philippines") must be in a conspicuous place, legible, and sufficiently permanent to reach the ultimate purchaser.

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,

Robert B. Swierupski

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