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NY F85337




April 19, 2000

CLA-2-46:RR:NC:SP:230 F85337

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1400

Ms. Andrea Miller
Costco Wholesale
999 Lake Drive
Issaquah, WA 98027

RE: The tariff classification of a rattan basket/hamper set from China.

Dear Ms. Miller:

In your letter dated April 10, 2000, you requested a tariff classification ruling.

A sample of a basket set identified as style # K5170 was submitted and is being returned to you as requested. The set consists of four cylindrical baskets made almost entirely of slender, interwoven rattan rods but structurally reinforced with a few pieces of concealed (rattan-wrapped) metal wire.

The two smaller versions, which are intended for use as household wastebaskets, are unlined and open at the top. One is about 10½” in diameter by 10½” high, while the other is about 13” in diameter by 15” high.

The two larger versions, which are intended for use as household laundry hampers, feature removable lids and removable cotton-fabric liners. Each liner, which stays in place simply by being folded over the basket’s rim, has a drawstring at the top, enabling it to serve as a laundry bag when removed from the basket. For tariff purposes, these articles will be regarded as composite goods whose essential character is imparted by the rattan baskets. One basket is 16½” in diameter by 23” high, while the other is 19” in diameter by 26” high.

The applicable subheading for the complete # K5170 basket/hamper set 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 textile liners/bags will not be subject to quota or visa requirements.) The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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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