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NY I85591




September 5, 2002

CLA-2-63:RR:NC:TA:351 I85591

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ms. Cheryl Santos
CVS Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a “Holiday Gift Sack”, from China.

Dear Ms. Santos:

In your letter dated August 23, 2002, you requested a tariff classification ruling.

The instant sample, identified as item #19153, consists of a gift bag (unlined) of textile man-made fiber (felt) construction and measures approximately 10 1/2" x 9" in its lay flat condition. While the instant sample is embroidered with the legend “Ho! Ho! Ho!”, your letter indicates that this bag may also be embroidered with any of the following: “Merry Christmas”, “Happy Holidays” or “Season Greetings”. The top of the bag has a braided cord or drawstring which is designed to pull the bag shut after a gift item has been placed inside. The bag is not substantially constructed and is used primarily as a protective pouch for holding gifts. It is not, therefore, classifiable in tariff subheading 4202.

The applicable subheading for the bag will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

Your sample is being returned per your request.

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 Mitch Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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