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NY I82871





July 1, 2002

CLA-2-46:RR:NC:2:230 I82871

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Mr. Ted Conlon
Four Star International
229 East Main Street, Suite 201
Milford, MA 01757

RE: The tariff classification of a straw beach mat in a tote tube from China

Dear Mr. Conlon:

In your letter dated May 29, 2002 you requested a tariff classification ruling.

The ruling was requested on your item # 43000041H, identified as a straw mat with a carrying case. A sample of the product was submitted for our review. The sample consists of a 30”x 50” beach mat and a tube shaped carrying case with a shoulder strap. The beach mat consists of two straw panels trimmed with a printed fabric on all edges and sewn together. The panels are composed of strips of straw resembling seagrass woven together with thread. The beach mat folds together in half at the seam of the two panels and rolls up down the length. The folded rolled up mat fits inside the 16” long and 4” diameter tube shaped tote bag with an attached closing cap. The tote bag with the cap is made of a woven material which appears to be paper strips. It is lined and trimmed with the same fabric as the trim on the beach mat.

The tube shaped tote bag is specially shaped and sized to hold the beach mat. In addition, it will be imported and sold together with the beach mat as one item. In accordance with General Rule of Interpretation 5(a) of the Harmonized Tariff Schedule of the United States, cases specially shaped or fitted to contain specific articles and which are entered with the articles for which they are intended are classified with such articles.

The applicable subheading for the straw beach mat with the tube shaped carrying bag, item #43000041H, will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials, of vegetable materials, other, other. The rate of duty will be 2.3 percent ad valorem.

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 646-733-3035.

Sincerely,

Robert B. Swierupski

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