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NY L80507




November 5, 2004

CLA-2-46:RR:NC:2:230 L80507

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Ms. M. Susan Lyons
Pier 1 Imports Inc.
Attn: Imports Compliance
100 Pier 1 Place, Suite 1600
Fort Worth, TX 76102

RE: The tariff classification of a woven paper strip and seagrass bag from China

Dear Ms. Lyons:

In your letter dated October 19, 2004 you requested a tariff classification ruling.

The ruling was requested on SKU # 2047429, a Striped Mediterranean Bag. A sample of the bag was submitted, which will be returned to you as you requested.

The sample is a large open tote bag with two long handles. The bag measures approximately 16” high by 13” wide by 7” deep. An attached tag describes the bag as a “beach bag”. The exterior of the bag is made of interwoven multicolored folded strips of paper, arranged in a striped pattern. The interior of the bag is made of interwoven strips of seagrass. The bag has an inside zippered pocket made of woven paper strips. The essential character of the bag is imparted by the woven paper strip exterior.

The applicable subheading for the Striped Mediterranean Bag, SKU # 2047429, 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 or made up from articles of heading 4601: other (than of vegetable materials). The rate of duty will be 3.5 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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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