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NY I85836




September 25, 2002

CLA-2-56:RR:NC:TA:341 I85836

CATEGORY: CLASSIFICATION

TARIFF NO.: 4202.22.8050; 5609.00.3000

Ms. Frances Radics Givens
Artesanas De Cuerdas, s.a.
287-1260 Plaza Colonial, Escazu
San Jose, Costa Rica

RE: The tariff classification of handbags and bottle holders from Costa Rica.; CBERA

Dear Mr. Givens:

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

You submitted a representative sample of a handbag and bottle holder, products of Costa Rica. The articles are constructed of 100 percent polypropylene 3-strand twisted ropes. The 3-strand twisted rope is a product of the United States. In Costa Rica, the ropes are heat welded into circle shapes to create the basic body of each article and all straps.

The applicable subheading for the handbag of 100 percent polypropylene rope is 4202.22.8050, Harmonized Tariff Schedule of the United States, Annotated (HTUSA), which provides for handbags, of textile materials, other, with outer surface of textile materials, other, of man-made fibers. The General Rate of Duty is 18.1 % ad valorem.

The applicable subheading for the bottle holder will be 5609.00.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 5.4 percent ad valorem.

You letter asks whether or not the handbag and bottle holder are eligible for duty free treatment under CBERA as provided in General Note 7, HTSUSA.

General Note 7 (b) (i), HTS, states that any article, which is the growth, product, or manufacture of a beneficiary country shall be eligible for duty-free treatment if that article is provided for in a subheading for which a rate of duty of “Free” appears in the “Special” subcolumn followed by the symbol “E” or “E*” in parentheses.

General Note 7(e) provides that handbags, luggage, flat goods, work gloves and leather wearing apparel, the product of any beneficial country ,and not designated on August 5, 1983, as eligible articles for purposes of the GSP, are dutiable at rates set forth in the “Special” subcolumn followed by the symbol “E” in parentheses. Costa Rica is a beneficiary Country for purposes of the CBERA.

The bottle holder is classified in subheading 5609.00.3000, HTS. There is no E or E* shown for this provision. Thus, these products are not eligible under CBERA.

The handbag is classified in subheading 4202.22.8050, HTS. There is an “E” provided in the Special subcolumn thus the handbags are eligible for Special tariff treatment provided the requirements of CBERA are met. The Special rate of duty will be 16.6% ad valorem.

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 Kevin Gorman at 646-733-3041.

Sincerely,

Robert B. Swierupski
Director,

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