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NY J87610




August 13, 2003

CLA-2-46:RR:NC:2:230 J87610

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Ft. Lauderdale, FL 33301

RE: The tariff classification of a sinamay gift bag from the Philippines

Dear Ms. Lui:

In your letter dated July 18, 2003, you requested a tariff classification ruling.

The product to be classified is a gift bag, item # S81F9112. A sample of the product was submitted, which will be returned to you as you requested. The sample is a small rectangular bag measuring approximately 5” wide by 3-1/2” high by 1-3/4” deep. It is made of interwoven unspun sinamay, a natural fiber derived from the abaca plant. The sinamay fibers are dyed pink and are woven around a wire framework. The bag has two clear plastic handles and is decorated with lace ribbon, imitation pearls and imitation feathers. A photograph shows three versions of the same bag, which vary in color and type of ribbon.

The applicable subheading for the sinamay gift bag, item # S81F9112, will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles, made from plaiting materials, of other vegetable materials, other than wickerwork. The duty rate will be 4.5 percent ad valorem.

Articles classifiable under subheading 4602.10.1800, HTSUSA, which are products of the Philippines may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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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