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NY E85316




August 23, 1999

CLA-2-46:RR:NC:SP:230 E85316

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1400; 8302.50.0000

Ms. Lynda L. Stickney
Pier 1 Imports
Int’l. Transportation Dept.
P.O. Box 961020
Fort Worth, Texas 76161-0020

RE: The tariff classification of baskets, racks, and shelves from China.

Dear Ms. Stickney:

In your letters dated June 7 and July 30, 1999, you requested a tariff classification ruling on three items.

The first item, a picture of which was submitted, is a tapered rectangular basket (SKU #1810831) consisting of slender, interwoven rattan rods supported by an iron frame (largely concealed). The rattan appears to be the predominant material in terms of its bulk, visual impact and its role in making the basket functional as a holder or receptacle. The basket measures 15¾” x 12” x 3”(H), and has a carrying handle at each end.

The applicable subheading for the #1810831 basket will be 4602.10.1400, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials: of rattan or of palm leaf: wickerwork. The rate of duty will be free.

The second item, a sample of which was submitted, is a “wall wine rack” (SKU #1810803) consisting of a bent iron-rod framework incorporating three tiers, each of which is a cradle-like “shelf” designed hold a bottle of wine in the horizontal position. Although the metal structure of each shelf is filled in with interwoven rattan rods, it appears that in this instance the rattan is mainly decorative and may not be essential to the functioning of the article. The rack is 26¾” high and 6¼” wide. The shelves project about 6”.

The third item, a sample of which was submitted, is identified as a “wall shelf” (SKU #1810794). It consists of a small flat shelf (5” x 16¼”) with a horizontal array of seven stationary hooks permanently attached below it and ornamental work arching above it. The hooks, the ornamental work and the frame of the shelf are all made of iron rods, while the shelf’s platform is composed of interwoven rattan rods.

The applicable subheading for the #1810803 “wall wine rack” and for the #1810794 “wall shelf” will be 8302.50.0000, HTS, which provides for base metal hat racks, hat pegs, brackets and similar fixtures, and parts thereof. The rate of duty will be free.

The submitted samples are being returned to you as requested.

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 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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