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NY B88089




August 21, 1997

CLA-2-46:RR:NC:SP:230 B88089

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900; 7323.99.9060

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of baskets from China.

Dear Ms. Aldinger:

In your letter dated May 14, 1997, you requested a tariff classification ruling. Samples of assorted "Halloween Baskets," said to be intended for use as decorations or as containers for trick-or-treat activities, were submitted and are being returned to you.

Your letter notes that "the total assortment will be purchased as Rite Aid item #972195." However, the various items (as described below) are identified with individual style numbers, and it is assumed that after importation they will be separately offered for retail sale.

Style 07-5223 has a flat, oblong-shaped wooden base and a series of parallel, upright bamboo strips comprising the sides. The flat, upright strips, which are tied with cord to each other and to upper and lower bent-bamboo rims, are shaped and painted to collectively resemble an orange-and-black picket fence. The sample of this basket, which represents one of three sizes to be imported, measures about 7" x 9" x 6"(H), not including its arching bamboo handle. Two small painted "polyresin" figurines are attached to the exterior of the basket as ornaments.

Style 07-5864 is a round basket made of thin, flat interwoven strips of bamboo. The side is covered on the exterior with cornhusk-wrapped polyfoam, shaped and painted to resemble a traditional jack-o'-lantern. The basket features an arching bamboo handle ornamented at the top with three polyfoam/cornhusk "pumpkins." The sample basket, one of two sizes to be imported, measures about 10" in diameter and 5" in height, not including the handle.

Style 09-2244/45 consists of two baskets, one round and one oval, made of thin, flat interwoven strips of bamboo. Each is painted orange and black, with a jack-o'-lantern face depicted on the front. These baskets measure roughly 7" in diameter and 4" in height, not including their stiff wire handles, which are shaped to resemble a bat and a cat, respectively.

Style 09-2684A/B is a pair of baskets similar to those of style 09-2244/45, except that their sides are ornamented with small pieces of fabric and their handles are made of painted wood.

The applicable subheading for the style 07-5223, 07-5864, 09-2244/45 and 09-2684A/B baskets will be 4602.10.0900, HTS, which provides for other (than certain enumerated) baskets of bamboo plaiting materials. The rate of duty will be 10%.

Style 09-3166R is a basket made entirely of stiff black steel wire which has been configured to resemble a spider's web. It incorporates a handle shaped to look like a spider. Overall, this article measures about 14" in diameter and 9" in height.

The applicable subheading for the style 09-3166R basket will be 7323.99.9060, HTS, which provides for other (non-enumerated) table, kitchen or other household articles of iron or steel, not coated or plated with precious metal. The rate of duty will be 3.4%.

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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