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NY G82872




November 17, 2000

CLA-2-46:RR:NC:2:230 G82872

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2940

Ms. Hayley Marcous
Indonesian Imports d.b.a. The Sak
440 Alabama Street
San Francisco, CA 94110

RE: The tariff classification of a straw tote bag from Indonesia

Dear Ms. Marcous:

In your letter dated October 19, 2000 you requested a tariff classification ruling.

The ruling was requested on a straw bag identified as Sak item number 8270. A sample of a large tapered bag with an oval shaped top and a round bottom was submitted. The bag measures approximately 17” wide on top (with an 8” wide opening) and 8” wide on the bottom. It is 11-1/2” high and has two braided nylon handles. The bag is lined with a textile fabric and has a zippered inside pocket. An additional piece of the same fabric as the lining is sewn around the top of the bag. The fabric top has an opening with a drawstring closure. The bag is stated to be used as a beach tote.

The sample bag is made of interwoven dried grass stems described as lingi straw (which resemble seagrass) and interwoven nylon yarn in different colors. The outer surface consists of five horizontal sections of rows of straw and four horizontal sections of rows of yarn. The vertical parts of the weave and the full bottom of the bag consist of straw. The essential character of the bag is imparted by the straw because the straw comprises the greater portion of the bag.

The applicable subheading for the straw bag (item number 8270) will be 4602.10.2940, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made up from plaiting materials; of vegetable materials; luggage, handbags and flatgoods, whether or not lined; other; other. The rate of duty will be 5.3 percent ad valorem.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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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