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January 26, 1999

CLA-2-46:RR:NC:2:230 D86376

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Pamela T. Rose
Heilig-Meyers Furniture
12560 West Creek Parkway
Richmond, VA 23238

RE: The tariff classification of a bamboo picnic basket containing plastic tableware and cotton napkins from China; GRI 3(b)

Dear Ms. Rose:

In your letter dated December 23, 1998 you requested a classification ruling.

The ruling was requested on merchandise called a Picnic Basket, Item Number CG2099. A sample was submitted which consists of a basket in the form of a suitcase measuring approximately 16 inches long, 12 inches wide and 6-1/2 inches high. The suitcase basket has a flip open lid, two handles and a strap closure. It is made of interwoven plaiting material and is lined with a cotton blue and white checker pattern fabric. The inside of the lid has straps holding four plastic cups and four plastic plates. Included also are four each of plastic forks, spoons and knives held together with a rubber band. Packed loosely in the basket are four cotton napkins in the same blue and white checker pattern as the basket lining.

The basket, tableware and napkins constitute “goods put up in sets for retail sale” and are governed by General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule of the United States. GRI 3(b) provides, as follows:

Mixtures, composite goods consisting of different materials or made up of different components, and goods put in sets for retail sale, . . . shall be classified as if they consisted of the material or component which gives them their essential character.

The component which gives the essential character of the picnic basket set is the basket. The basket is made of different materials. It consists primarily of interwoven bamboo strips and fern with a small amount of another vegetable material. The essential character of the basket is imparted by the bamboo because the bamboo covers the greater area of the basket.

The applicable subheading for the picnic basket set, item number CG2099 will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other baskets and bags, whether or not lined, of vegetable plaiting materials, of bamboo, other (than wickerwork, which refers to bamboo in the form of rods or twigs). The duty rate will be 10 percent ad valorem.

Even though the napkins are included as consituent parts of the set for classification purposes, they still fall within textile category designation 369. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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. Effective January 28, 1999, the telephone number will be changed to 212-637-7009.

Sincerely,

Robert B. Swierupski

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