The tariff classification of a woven paper gift bag from China.

NY J87046 August 25, 2003 CLA-2-46:RR:NC:SP:230 J87046 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Ms. Yvonne M.W. Richardson The Millwork Trading Co., Ltd. 1372 Broadway, 2nd floor New York, NY 10018 RE: The tariff classification of a woven paper gift bag from China. Dear Ms. Richardson: In your letter dated August 4, 2003, you requested a tariff classification ruling. A sample identified as a woven paper gift bag (item # HBL077) was submitted for our examination and is being returned to you as requested. It is an open bag resembling a 5-inch cube. The bag is made of fine, interwoven strips of paper that appear to have been folded lengthwise prior to the weaving process. Two arching handles, made of braided strips of paper, are attached to the top of the bag. You state that the item will be used as packaging for a gift set. The applicable subheading for the bag will be 4602.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601. The rate of duty will be 3.5%. 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 Bureau of Customs and Border Protection. 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, National Commodity Specialist Division