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NY E89685




December 8, 1999

CLA-2-46:RR:NC:SP:230 E89685

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2920; 4602.90.0000

Mr. Michael R. Spano
Michael R. Spano & Co., Inc.
190 McKee Street
Floral Park, N.Y. 11001

RE: The tariff classification of plaited tote bags from China.

Dear Mr. Spano:

In your letter dated November 5, 1999, you requested a tariff classification ruling on behalf of your client, Candie’s Inc. (New York City). Three samples were submitted and are being returned as requested.

The first item, identified as a “Carolina” medium tote (style 75429), is an open bag with a center snap closure and two carrying straps. The body of the bag measures about 10 inches wide by 9 inches high, and the straps rise an additional 9½ inches above the top edge. Both the body and the straps are constructed of wheat-straw plaits which have been sewn together. Some wood-bead ornamentation is affixed to one side of the exterior. The inside of the bag is lined with textile fabric incorporating a zippered pocket.

The applicable subheading for the “Carolina” wheat-straw bag will be 4602.10.2920, Harmonized Tariff Schedule of the United States (HTS), which provides for articles made directly to shape from plaiting materials or made up from articles of heading 4601: of vegetable materials: luggage, handbags and flatgoods, whether or not lined: other: handbags. The rate of duty will be 5.3%. (This rate will remain unchanged in 2000.)

The second item, identified as a “Sabrina” big tote (style 75416), is an open bag with a center loop/button closure and two carrying straps. The body measures about 16 inches wide by 12 inches high, and the straps rise an additional 11 inches above the top edge. This bag is made entirely of interwoven flexible plastic rods (monofilaments) having an individual cross-section diameter of approximately 2 millimeters. There are no linings or pockets. The third item, identified as an “Amy” medium tote (style 75442), is an open bag with two carrying handles. The body measures about 12 inches wide by 9 inches high, and the handles rise an additional 6 inches above the top edge. This bag is made entirely of ribbed, flexible plastic strips (about 12 mm in width) interwoven with flexible plastic rods (monofilaments, about 2 mm in cross-section diameter). There are no closures, linings or pockets.

The applicable subheading for the “Sabrina” and “Amy” bags of interwoven plastic materials will be 4602.90.0000, HTS, which provides for articles made directly to shape from plaiting materials or made up from articles of heading 4601: of other than vegetable materials. The rate of duty will be 3.5%. (This rate will remain unchanged in 2000.)

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
Director,

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