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NY H89599




March 29, 2002

CLA-2-46:RR:NC:SP:230 H89599

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2300; 4602.10.8000; 4419.00.8000

Mr. David J. Archer
Tower Group International
#8 14th Street
Blaine, WA 98231

RE: The tariff classification of raffia pouches and mats, and wooden chopsticks, from the Philippines.

Dear Mr. Archer:

In your letter dated March 19, 2002, you requested a tariff classification ruling on behalf of 18 Karat International (Langley, BC, Canada). Samples were submitted for our examination.

The first item, identified as style #3-2505, is a flat raffia pouch measuring 4-1/8” x 6”. It is constructed of rolled strips of raffia (palm leaf) placed side by side and sewn together with thread. The edge of the opening is ornamented with a few sewn-on bamboo beads.

The applicable subheading for the #3-2505 pouch will be 4602.10.2300, Harmonized Tariff Schedule of the United States (HTS), which provides for luggage, handbags and flatgoods, whether or not lined, of vegetable plaiting materials: of rattan or of palm leaf: articles of a kind normally carried in the pocket or in the handbag. The duty rate will be 9%.

The second item, style #3-2506, is a raffia place mat measuring 13” x 18-1/2”. It is constructed of rolled strips of raffia (palm leaf) placed side by side and sewn together with thread. Each end of the mat is ornamented with a number of sewn-on bamboo beads.

The third item, style #3-2507, is a raffia “table runner.” Although a sample of this product was not available for our review, we understand from your description that it is of the same materials and construction as the place mat.

The applicable subheading for the place mat and the table runner (styles 3-2506 and 3-2507) will be 4602.10.8000, HTS, which provides for other (non-enumerated) articles of vegetable plaiting materials. The rate of duty will be 2.3%.

The fourth item, style #3-2518, is a pair of wooden chopsticks in a raffia holder. The holder (which is similar in construction to the other raffia articles described above) is a flat, 1-1/4” x 8” pouch that appears to be specifically designed/shaped to accommodate the chopsticks; it is not well suited for other uses.

The applicable subheading for the #3-2518 chopsticks with raffia holder will be 4419.00.8000, HTS, which provides for tableware and kitchenware of wood, other than forks and spoons. The rate of duty will be 3.2%.

The chopsticks may be subject to regulations administered by the U.S. Food and Drug Administration (FDA). You may contact that agency at 5600 Fishers Lane, Rockville, MD 20857, telephone (301) 443-6553.

Articles classifiable under subheadings 4602.10.2300, 4602.10.8000 and 4419.00.8000, HTS, 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" and then search for the term "T-GSP".

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).

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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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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