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NY C80542





October 23, 1997

CLA-2.1B:FO:E14

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Tobias Henderson
Import Analyst
Bath & Body Works
7 Limited Parkway East
Reynoldsburg, Ohio 43068

RE: The tariff classification of a bamboo gathering basket from China

Dear Mr. Henderson:

In your letter dated October 9, 1997, you requested a tariff classification ruling. One sample was submitted and is being returned to you.

The ruling request describes the item as "Gathering Baskets," styles numbered 107542, 3, 4 and 6. The body and handle are described as being made of 70% bamboo and the rim and string of 30% rattan.

The sample basket measures approximately 14" x 7" x 8". It is made of interwoven flat strips of bamboo and features an arching handle of a single strip. The basket is painted green.

The applicable subheading for the bamboo basket will be 4602.10.0900, Harmonized Tariff Schedule of the United States (HTS), which provides for other baskets and bags of vegetable plaiting materials, whether or not lined: of bamboo: other than wickerwork. The rate of duty will be 10% ad valorem.

It is noted that the sample is not marked with the country of origin. Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), required that unless excepted, every article of foreign origin imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or 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.

Sincerely,

Jon A. Batt
Port Director

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