Request for Reconsideration of New York (NY) Ruling Letter G84811, dated December 13, 2000; Classification of handbags of plaiting materials; HQ 965382, dated July 8, 2002, Incorporated by Reference; Customs Bulletin, Vol. 36. No. 30, dated July 24, 2002, Incorporated by Reference Dear Ms. Vietello:

HQ 965038 August 8, 2002 CLA-2 RR:CR:TE 965038 BAS CATEGORY: Classification TARIFF NO.: 4602.10.2920 Ann Vietello Import/Export Manager Etienne Aigner 47 Brunswick Avenue Edison, New Jersey 08818-3111 RE: Request for Reconsideration of New York (NY) Ruling Letter G84811, dated December 13, 2000; Classification of handbags of plaiting materials; HQ 965382, dated July 8, 2002, Incorporated by Reference; Customs Bulletin, Vol. 36. No. 30, dated July 24, 2002, Incorporated by Reference Dear Ms. Vietello: This is in reply to your letter, dated May 17, 2001, on behalf of Etienne Aigner, requesting reconsideration of NY Ruling G84811, dated December 13, 2000, (NY G84811) insofar as it concerned a lady’s shoulder bag, style number 30901. You submitted a sample of the shoulder bag to aid us in our determination. FACTS: The merchandise under consideration is a lady’s shoulder bag, identified by style number 30901. It measures approximately 11” x 7” x 2”. The bag’s body is manufactured of 100% paper straw material with leather trim. The bag, which is part of Etienne Aigner’s Sandals Collection, has a flap secured with a one snap closure. The bag is lined with cotton twill and will be imported from China. ISSUE: What is the proper classification of the subject merchandise? LAW AND ANALYSIS: Attached is a copy of a General Notice, published July 24, 2002, in the Customs Bulletin, Vol. 36, No. 30., which dealt with substantially similar merchandise. The principles of the notice that govern Headquarters Ruling Letter (HQ) 965382, dated July 8, 2002, are incorporated by reference. The ruling for which you requested reconsideration, NY G84811, December 13, 2000, was modified with respect to style number 30901, by operation of law with the publication of the attached general notice. The lady’s shoulder bag composed of paper plaiting materials, style number 30901, is substantially identical in construction and function to the tote bag of natural plaited straw material that is classified in HQ 965382. In HQ 965382, it was determined that the tote bag is classified in subheading 4602.10.2920, HTSUSA, which provides for "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Luggage, handbags and flatgoods, whether or not lined: Other, Handbags." The legal reasoning and analysis employed in HQ 965382 is attached to and made a part of this ruling letter. As the subject merchandise is substantially identical to the merchandise addressed in the aforementioned ruling, the merchandise would be classified accordingly. HOLDING: The lady’s shoulder bag, style number 30901, is classified in subheading 4602.10.2920, HTSUSA, which provides for "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Luggage, handbags and flatgoods, whether or not lined: Other, Handbags." The applicable rate of duty is 5.3 percent ad valorem. Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, you should contact the local Customs office prior to importing the merchandise to determine the current applicability of any import restraints or requirements. Sincerely, Myles B. Harmon Acting Director Commercial Rulings Division