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NY B85539




July 31, 1997

CLA-2-46:RR:NC:2:230 B85539

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Jonna Barr
AEi-Radix Brokerage Services
6758 Commerce Court Drive
Blacklick, OH 43004

RE: The tariff classification of a carriage basket from China

Dear Ms. Barr:

In your letter dated May 7, 1997, on behalf of Value City Imports, you requested a tariff classification ruling. A sample of the product to be classified was submitted and was forwarded to our U.S. Customs Laboratory for analysis.

The ruling was requested on item number XT-6115, stated to be a rattan carriage. The U.S. Customs Laboratory analysis of the sample found that the body of the carriage was constructed of a vegetable plaiting material other than bamboo, palm, rattan or willow. The product, as represented by the sample, is a basket or container in the form of a carriage. Overall, it measures approximately 9 inches high and 9 inches wide. The basket or body portion is made by interweaving a vegetable plaiting material which is both in the form of rods and in the form of strips. The frame under the basket and the frame of the hood on top are made of metal. The wheels and handlebar are made of wood. The cushion on the bottom of the basket and the hood on top are made of textile. The essential character of the carriage is imparted by the basket portion because of the greater role it plays in the functioning of the product. The essential character of the basket is imparted by the split vegetable plaiting material because of the greater area covered by the split material as compared to the material in rod form.

The applicable subheading for the carriage basket will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other baskets and bags, whether or not lined, of other vegetable plaiting materials. The rate of duty will be 4.5 percent ad valorem. This classification applies to the product exactly as prepresented by the sample. If the product will be made of different materials when imported, a different classification may apply.

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 212-466-5779.

Sincerely,

Gwenn Klein Kirschner

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