CLA-2-48:RR:NC:SP:234 I81009

Ms. Grace Park
K.C. (USA) Corporation
9200 So. Dadeland Blvd., Suite 188
Miami, FL 33156

RE: The tariff classification of paper gift bags from China.

Dear Ms. Park:

In your letters dated April 5 and 26, 2002, you requested a tariff classification ruling.

Samples of several paper gift bags were submitted for our examination. They are flat-bottomed, design-printed bags made of paper that appears to have been coated or covered with kaolin, clear plastic and/or metallized plastic. They feature carrying handles made of textile rope or ribbon, and their bases are reinforced with sheets of cardboard. You state that the bags are of a kind used as an alternative to gift wrapping paper or gift boxes. The largest of the samples has a base measuring about 19½ cm in width.

The applicable subheading for the above-described gift bags will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) sacks and bags of paper. The rate of duty will be 1.1%.

We note that the sample bags are not marked with their country of origin. When imported into the United States, the items will be required to be so marked (e.g., “Made in China”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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 Carl Abramowitz at 646-733-3037.

Sincerely,

Robert B. Swierupski
Director,
National Commodity Specialist Division