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NY C84710




March 04, 1998

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 46068

RE: The tariff classification of a bamboo basket with handle from china

Dear Mr. Henderson:

In your letter dated February 17, 1998, you requested a tariff classification ruling.

The ruling request describes the items as "Muffin Baskets", style numbers 108315, 108320, 108321 and 108322. The sample submitted with your request is described as a woven oval basket made of 65% bamboo, 30% rattan and 5% wood. The plum colored basket is made of interwoven flat strips. It is approximately 12" in length, 5«" in width and 2«" deep with a 2«" arching handle being woven into the body of the basket. Your sample is being returned to you as requested.

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), requires 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. The basket at issue is not in compliance with the referenced statute.

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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