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NY F89578




August 7, 2000

CLA-2-46:RR:NC:2:230 F89578

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Michele Smith
Sears, Roebuck and Co.
333 Beverly Road, BC 172A-A
Hoffman Estates, IL 60179

RE: The tariff classification of woven wood baskets from China

Dear Ms. Smith:

In your letter dated July 11, 2000 you requested a tariff classification ruling.

The ruling was requested on four styles of baskets to be sold during the Christmas season. One sample of each style was submitted. The samples will be returned to you as you requested.

Style number 96196 is an assortment of three sizes of round baskets with handles. The representative sample basket is made essentially of interwoven wood strips. It also has woody rods on the bottom along with the wood strips. The basket is decorated with blue and white paint and has snowmen painted on a broad middle strip.

Style number 95360 is an assortment of three sizes of rectangular baskets with handles. As represented by the sample, the baskets are made of interwoven strips of stained wood. The baskets are decorated with a red painted center strip which has the phrase “Jingle all the Way” repeated every two inches. A jingle bell is attached underneath each phrase.

Style number 96210 is an assortment of two sizes of square baskets with handles. The baskets are made of interwoven strips of wood. The sample has a red painted rim and handle made of bent wood. In the middle of one side of the basket is a framed picture insert. The picture is a metal cutout of a deer with evergreen trees.

Style number 96220 is an assortment of two sizes of oval baskets with handles. The baskets are made of interwoven strips of wood. The sample has a green painted rim and handle made of bent wood. One side of the basket has a framed metal picture insert. The picture is a metal cutout of a house with trees.

The applicable subheading for all four styles of baskets made of interwoven wood strips will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other baskets and bags, whether or not lined, of other vegetable plaiting material. The rate of duty will be 4.5 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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