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HQ 960618




Oct. 13, 1998

CLA- 2 RR:CR:TE 960618 SG

CATEGORY: CLASSIFICATION

TARIFF NO: 4602.90.0000

Robert Sierupski, Director
National Commodity Specialist Division
Port of New York/ Newark Area
U.S. Customs Service
6 World Trade Center
New York, NY 10048

RE: Confirmation of NY B83280; classification of a plastic bicycle basket

Dear Mr. Sierupski:

This letter is sent in response to your memorandum of June 13, 1997, in which you ask that we confirm the decision in NY Ruling B83280, issued on April 3, 1997. That ruling was issued in response to a request by Global Transportation Services, Inc., on behalf of Dynacraft Industries, for the tariff classification of a plastic bicycle basket. You ruled that the subject basket was classified in Heading 4602 of the Harmonized Tariff Schedules of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of Heading 4601, HTSUSA. A picture of the sample was available for our examination.

You also request that we reconsider NY Ruling 871538, issued March 4, 1992, in which you classified a bicycle basket as a bicycle accessory in subheading 8714.99.9000, HTSUSA You advise that you do not have a sample of the basket which was ruled upon in NY 871538. You can not be sure as to whether it was the type which is plaited, or if it was a solid plastic bicycle basket. You further advise that you are requesting reconsideration because most of the bicycle baskets which are sold are of the plaited kind.

Without a sample, or specific information as to whether the basket was plaited, we are unable to ascertain if the basket was made by interlacing or similar process, or made from plaiting materials, or is of a textile fiber. We are, therefore, unable to ascertain whether the original classification in NY 871538 was correct, or whether it conflicts with NY B83280.

Accordingly, this review will limit itself to NY B83280.

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FACTS:

The sample is described as a multicolored open topped basket measuring about 5"x 6" x 8". Two adjustable mounting bands are attached to its rim. It is our understanding that the basket is intended for attachment to the frame of the bicycle with the mounting bands.

The sides, which predominate in terms of the basket's surface area and appearance, are composed mainly of flat, interwoven strips of plastic which individually are about 7.5 mm wide. There are some interwoven plastic monofilaments (tubes) having an individual cross-section diameter of about 2 mm, near the top and bottom edges of the basket.

The base of the basket is a sheet of plastic which has been molded and perforated to imitate the appearance of interwoven strips.

ISSUE:

Whether the merchandise at issue is classifiable in Heading 3923, HTSUSA, or in Heading 8714, HTSUSA, or in Heading 4602, HTSUSA?

LAW AND ANALYSIS:

Classification of goods under the HTSUSA is governed by the General Rules of Interpretation (GRIs). GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes, taken in their appropriate order. Customs seeks guidance in interpreting the terms of the headings in the Harmonized Commodity Description and Coding System Explanatory Notes (EN), which although not legally binding, are recognized as the official interpretation of the Harmonized System at the international level.

There are three relevant headings for classification of the merchandise at issue: Heading 4602 which provides for basketwork, wickerwork and other articles..., Heading 3923 which provides for articles for the conveyance or packing of goods, and Heading 8714 which provides for parts and accessories of bicycles.

Heading 4602 encompasses "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from goods of heading 4601; articles of loofah."

In order to be classified in chapter 46, the good must be plaiting material or be made of plaiting material.

In pertinent part, note 1 to chapter 46, HTSUSA, states that:

In this chapter the expression "plaiting materials" means materials in a state or form suitable for plaiting, interlacing or similar processes; it

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includes straw...strips of wood, strips of other vegetable material
(for example, strips of bark, narrow leaves and raffia or strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens,..., or monofilament and strip and the like of chapter 54. (Emphasis added)

Note 1(g) to Section XI, provides that Section XI does not cover the following:

Monofilament of which any cross-sectional dimension exceeds 1 mm or strip or the like (for example, artificial straw) of an apparent width exceeding
5 mm, of plastics (chapter 39), or plaits or fabrics or other basketware or wickerwork of such monofilament or strip (chapter 46).

Subnote (ii) to the EN to Chapter 46 states at page 720 that the following is not considered plaiting materials of Chapter 46:

Monofilament of which no cross-sectional dimension exceeds 1 mm, or strip or flattened tubes (including strip and flattened tubes folded along the length), whether or not compressed or twisted (artificial straw and the like), of man-made textile materials, provided that the apparent width (i.e., in the folded, flattened, compressed or twisted state) does not exceed 5 mm
(Section XI).

Thus in order for the merchandise at issue to be classifiable in Heading 4602, it must be made of strip exceeding 5 millimeters in width. If it is made of strip under 5 millimeters in width it would be considered to be of textile material and not of plaiting and classifiable in Section XI. The bicycle basket at issue is made up of strips which are individually about 7.5 mm wide. In addition, the plastic strips of the bicycle basket in NY B83280 have been interlaced in the manner described in the EN's to Chapter 46. The finished article is therefore made to shape from plaiting materials. We agree that the bicycle basket is covered by Heading 4602.

Note 2(k) to Chapter 39, HTSUSA, specifically precludes plaits, wickerwork or other articles of Chapter 46 from coverage in Chapter 39. Therefore since the merchandise at issue is considered made of plaits, it is excluded from classification as an article of plastics of Chapter 39.

The bicycle basket is not classified under Heading 8714, HTSUSA, which provides for, among other things, parts and accessories of bicycles. EN (III)(C) to Section XVII, which covers articles included in Chapter 87, states that "[p]arts and accessories, even if identifiable as for the articles of this Section, are excluded if they are covered more specifically by another heading elsewhere in the Nomenclature." It is the view of the Customs Service that the bicycle basket at issue is more specifically provided for within Heading 4602, HTSUSA.

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HOLDING:

The bicycle basket, subject of NY B83280 is properly classifiable under subheading 4602.90.0000, HTSUSA, which provides for "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Other." It is dutiable at the general column one rate of duty at 3.9 percent ad valorem.

Sincerely,

John Durant, Director,
Commercial Rulings Division


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