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NY G83424




November 13, 2000

CLA-2-44:RR:NC:2:230 G83424

CATEGORY: CLASSIFICATION

TARIFF NO.: 4419.00.8000

Ms. Jennifer Archer
James G. Wiley Co.
5305 West 102nd St.
P.O. Box 90008
Los Angeles, CA 90009-0008

RE: The tariff classification of a wood tray decorated with seeds and beans from China

Dear Ms. Archer:

In your letter dated October 16, 2000, on behalf of your client, American Traditions Basket Company, you requested a tariff classification ruling.

A sample of the product to be classified was submitted. The product is a tray made of wood with a decorative glass covered bottom containing various natural dried seeds, beans and other vegetable products. The product is designated item #D150 and was originally part of a previous ruling request for your client. Ruling NY G80839 dated August 22, 2000 was issued for other products having the same decorative motif.

The sample is a tray measuring approximately 15-1/4” long x 10-3/4” wide x 1-1/2” high along the sides and 2-1/2” high along the ends. The ends have openings designed to be used as handles. The sides and ends of the tray are made of solid wood. The bottom of the tray consists of wood fiberboard covered with rows of various seeds, beans and dried vegetable products. The rows are separated by wood strips and are glued under a glass cover. The back of the tray also has two small hangers, and the tray may be hung on a wall. The sample, however, is still a tray.

The applicable subheading for the wood tray decorated with seeds and beans, item D150, will be 4419.80.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other tableware and kitchenware of wood. The rate of duty will be 3.2 percent ad valorem.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

Importations of this product may be subject to import regulations administered by the U.S. Department of Agriculture (USDA). Information regarding applicable regulations administered by the USDA may be addressed to that agency at the following location:

U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737

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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