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PD B84525

May 14, 1997

CLA-2.1B-CO:E14

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1400

Mr. Vernon Kurz
BDP International, Inc.
1017 14th Avenue
Lester, Pennsylvania 19029-1813

RE: The tariff classification of a rattan watermelon basket planter from China

Dear Mr. Kurz:

In your letter dated April 22, 1997, on behalf of your client, New Holland Floral, Inc., you requested a tariff classification ruling.

A sample was furnished with your ruling request. Literature submitted with your request describes the product as a rattan watermelon basket , #10C2400-09. It is an oval-shaped basket measuring approximately 7 wide and 4« in depth. It is made up of numerous small interwoven pieces (rods) of rattan. The basket has a bi-fold lid. Attached to the top of the basket is a woven handle which forms as an arch extending about 4« above the rim. The basket and lid are painted red, green and white. The lid has black rattan attached in the shape of seeds. The handle is red. Your sample is being returned.

The applicable subheading for the rattan watermelon basket will be 4602.10.1400, Harmonized Tariff Schedule of the United States (HTS), which provides for other baskets of vegetable plaiting materials: of rattan or of palm leaf: wickerwork. The rate of duty will be free.

It is to be noted that the label on the sample accompanying your request is not firmly fixed. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin imported into the United States must be legibly, permanently and conspicuously marked to indicate the English name of origin to an ultimate purchaser in the United States.

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.

Sincerely,

Jon A. Batt
Port Director

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