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August 6, 1999

CLA-2-46:RR:NC:2:230 E84809

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Charlene Burrington
Graham Webb International
804 Valley Park Drive
Shakopee, MN 55379

RE: The tariff classification of a sinamay wired tote packing bag from the Philippines

Dear Ms. Burrington:

In your letter dated July 12, 1999 you requested a tariff classification ruling. The same ruling request was also addressed to the U.S. Customs Service in Minneapolis, Minnesota.

The ruling was requested on a woven bag known as a “Sinamay Wired Tote Bag w/Ribbon”. A sample measuring approximately 6 inches high by 8 inches wide by 3 inches deep was submitted. Your letter and descriptive literature describe the same bag in a larger size – 8 inches high by 13.375 inches wide by 3 inches deep. The bag resembles a shopping bag and is made of interwoven natural unspun abaca fibers reinforced by a wire frame. The metal frame is completely wrapped with abaca fibers. A polyester ribbon decorates the top rim. The tote bag will be used to package hair care products for retail sale.

The essential character of the sinamay wired bag is imparted by the woven abaca fibers. The abaca plays a greater role in the functioning of the item and in its visual impact.

The applicable subheading for the sinamay wired tote bag will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles of plaiting materials; other baskets and bags, whether or not lined; other; other. The duty rate will be 4.5 percent ad valorem.

Articles classifiable under subheading 4602.10.1800, HTSUSA, which are products of the Philippines may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" then search for the term "GSP".

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 212-637-7009.

Sincerely,

Robert B. Swierupski

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