The tariff classification of a straw beach mat and a straw visor in a nylon mesh bag from China

NY L81176 December 29, 2004 CLA-2-46:RR:NC:2:230 L81176 CATEGORY: Classification TARIFF NO.: 4602.10.8000; 6504.00.3000; 4202.92.3031 Ms. Lorianne Aldinger Rite Aid Corporation P.O. Box 3165 Harrisburg, PA 17105 RE: The tariff classification of a straw beach mat and a straw visor in a nylon mesh bag from China Dear Ms. Aldinger: In your letter dated December 2, 2004 you requested a tariff classification ruling. The ruling was requested on a beach set, item #939796, consisting of a straw beach mat and a straw visor in a nylon mesh bag. A sample of the set was submitted, which will be returned to you as you requested. The beach mat measures approximately 36” by 72” long. It is composed of three panels of dried stalks of seagrass woven together with thread and trimmed with a fabric border. The mat has an additional pocket panel and fabric handles sewn on one end. The visor is constructed of strips of straw with a fabric band and an adjustable hook and loop closure. The bag is an open top beach tote of man-made monofilaments and measures approximately 16” wide x 12” high x 3” deep. Although sold as a set, the products comprising item #939796 are not classifiable as a set. The products are not used together to carry out a specific activity. Each product has a separate function and is classifiable separately. The applicable subheading for the straw beach mat will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made from plaiting materials, of vegetable materials, other. The rate of duty will be 2.3 percent ad valorem. The applicable subheading for the straw visor will be 6504.00.3000, HTSUSA, which provides for hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed; of unspun fibrous vegetable materials, sewed. The rate of duty will be 6 percent ad valorem. The applicable subheading for the nylon bag will be 4202.92.3031, HTSUSA, which provides for travel, sport and similar bags, with outer surface of textile materials of man-made fibers. The rate of duty will be 17.6 percent ad valorem. The samples submitted were 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 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, National Commodity Specialist Division