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NY J88647




September 26, 2003

CLA-2-46:RR:NC:2:230 J88647

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.2920

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a woven cornhusk bag from China

Dear Ms. Aldinger:

In your letter dated August 29, 2003 you requested a tariff classification ruling.

The ruling was requested on item #934097, referred to as a “Purse with Handle & Flower Decoration.” A sample of the item was submitted, which will be returned to you as you requested.

The sample is an open slightly tapered rectangular bag with two handles and a single compartment. The bag measures approximately 6” high (not including the 4” high arching handles), 8” long and 4” wide at the top. It is made of interwoven cornhusk. The horizontal weave consists of bundles of natural undyed cornhusk strips. The vertical weave, the rim and the handles consist of dyed twisted cornhusk strips. The handles are covered with clear plastic tubes. The inside of the bag is lined with a textile fabric dyed to match the color of the twisted cornhusk strips. The outside of the bag is decorated with flowers made of cornhusk. The bag will be imported in six assorted colors.

The applicable subheading for the woven cornhusk bag, item # 934097, will be 4602.10.2920, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made directly to shape from plaiting materials; of vegetable materials; luggage, handbags and flatgoods, whether or not lined; other, handbags. The rate of duty will be 5.3 percent ad valorem.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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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