CLA-2-48:OT:RR:NC:2:234

Ms. Kelly B. Price
Infinity Global Packaging
501 Bridge Street
Danville, VA 24541

RE: The tariff classification of a paper shopping bag from China

Dear Ms. Price:

In your letter dated April 17, 2009, you requested a tariff classification ruling. The supplier is S&K international Co., Ltd., Seoul, Korea.

You submitted a sample designated as “Miss Sixty VIP Shopper” (K91909) for our examination which will be returned to you as requested. The “VIP Shopper” is constructed of a sturdy, coated paperboard designed with the company name, “MISS SIXTY,” in the center of both exterior sides of the shopping bag. One side end of the bag is printed with store locations of “Miss Sixty” shops around the world. The country of origin of the bag must be printed in the same plane of these addresses. The bag features double textile ribbon handles attached at the top of the bag and a rectangular paperboard liner at the bottom of the bag. The interior of the shopping bag is design printed and printed at the top of the bag with the words misssixty.com. It measures approximately 44 cm (w) x 14 cm (d) x 33 cm (h), when opened. The retail customer is given the shopping bag without charge (as a gift) to transport their purchased items. The submitted sample is marked on the inside bottom with the words “Made in China.” When imported into the United States, if the country of origin is Korea, the bags must be properly marked “Made in Korea.”

The applicable subheading for the paper shopping bag will be 4819.40.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for cartons, boxes, cases, bags and other packing containers, of paper or paperboard: other (than certain enumerated containers): rigid boxes and cartons. The rate of duty will be Free.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

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 Patricia Wilson at (646) 733-3037.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division