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NY F86856




May 24, 2000

CLA-2-46:RR:NC:2:230 F86856

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of an Xmas bamboo/fern round basket from China

Dear Ms. Aldinger:

In your letter dated May 3, 2000 you requested a tariff classification ruling.

A sample of the product to be classified, Rite Aid item #994180, was submitted. The product is a silver painted round basket measuring approximately 9 inches in diameter and 3 inches high. The bottom of the basket is made of interwoven bamboo strips. The sides are made of interspaced upright fern ribs. A burgundy colored velvet ribbon is interwoven across the fern uprights. A row of braided fern runs along the top and bottom rim. The rims are made of bamboo and are covered with fern.

The basket will be sold during the Christmas season. However, it is not classifiable as a festive article since it is a functional article that does not have a festive motif.

The basket is composed of different materials. Articles made up of different materials are classified according to the material which gives them their essential character. The essential character of this basket is imparted by the bamboo. The bamboo portion covers the greater area of the basket. The whole bottom of the basket is made of bamboo, whereas the sides are composed of loosely spaced fern interwoven with ribbon.

The applicable subheading for the bamboo/fern round basket, item #994180, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork made directly to shape from plaiting materials; other baskets and bags, whether or not lined; of bamboo; other. The rate of duty will be 10 percent ad valorem.

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 the ruling letter, 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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