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NY I89348




January 9, 2003

CLA-2-46:RR:NC:2:230 I89348

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000; 4202.22.8070; 6505.90.9050

Ms. Carol Krupskas
KAT Import Brokers
Kamino International Transport, Inc.
Airport Ind. Office Park, Bldg. B4A
Valley Stream, NY 11581

RE: The tariff classification of a woven paper tote bag, crocheted paper yarn shoulder bags and a crocheted paper yarn hat from China

Dear Ms. Krupskas:

In your letter dated December 17, 2002, on behalf of Horizon Fabrics Inc., you requested a tariff classification ruling.

The ruling was requested on three bags and a hat, all stated to be made of “paper straw.” Samples of the products were submitted which will be returned to you as you requested. Some of the samples were cut during our examination of the products.

One sample is a blue tote bag measuring approximately 16-1/2” wide by 12-1/2” high. It is made of interwoven strips of folded paper. It has a zippered closure on top and two shoulder straps made of braided paper yarn. Each yarn consists of two twisted paper strips. The bag is fully lined with fabric and has an inside zippered pocket.

Two samples consist of small shoulder bags made of crocheted paper yarn. One sample is a pink bag measuring approximately 7” wide by 8” high. It has a flap and a zippered closure. The other sample is an orange bag measuring approximately 5-1/2” wide by 6” high. It has a zippered closure. Both bags are lined with textile fabric and have a single long shoulder strap.

The fourth sample is an orange hat with a slightly flared rim. It measures approximately 20” in circumference and is made of crocheted paper yarn.

The applicable subheading for the blue tote bag made of woven folded paper strips will be 4602.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials, other. The rate of duty will be 3.5 percent ad valorem.

The applicable subheading for the orange and pink shoulder bags made of crocheted paper yarn will be 4202.22.8070, HTSUSA, which provides for handbags, whether or not with shoulder strap, with outer surface of textile materials, of paper yarn. The rate of duty will be 17.8 percent ad valorem.

The applicable subheading for the hat made of crocheted paper yarn will be 6505.90.9050, HTSUSA, which provides for hats and other headgear, knitted or crocheted, other, of paper yarn. The rate of duty will be 20.8 cents per kilogram plus 7.6 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
Director,

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