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NY J80441




February 10, 2003

CLA-2-46:RR:NC:2:230 J80441

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Mr. Alvin Chow
US JHI Corporation
2224 Evergreen Rd., Ste #2
Middleton, WI 53563

RE: The tariff classification of a “cinamay bag” from China

Dear Mr. Chow:

In your letter dated January 23, 2003 you requested a tariff classification ruling.

The product to be classified is identified as a “cinamay bag.” A sample of the product was submitted which will be returned to you as you requested. The sample consists of a flat bag measuring approximately 8-1/2” wide by 11” long. It is stated to be composed of 100 percent banana tree fiber. The sample is sewn to shape from a sheet of unspun natural abaca fibers which have been interwoven together in an open lattice pattern. A ½” wide polyester ribbon is loosely interwoven across the top about 2” from the end of the bag. The loose ends of the ribbon can be pulled and tied together, forming a closure for the bag. The bag appears to be used for gift packing or marketing merchandise.

The applicable subheading for the “cinamay bag” composed of unspun natural abaca fibers will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles, made directly to shape from plaiting materials or made up from articles of heading 4601; of vegetable materials; other baskets and bags, whether or not lined, other. The rate of duty will be 4.5 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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