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NY G85040




December 21, 2000

CLA-2-46:RR:NC:2:230 G85040

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1600; 4602.10.4500

Ms. Barbara Thompson
Wetter (Indochine) Limited
C/O Aldamex Vietnam
Me Linh Point Tower, Suite 1402
District 1, Ho Chi Minh City
Vietnam

RE: The tariff classification of rattan baskets, bowls, trunks, covers, trays, platters and placemats from Vietnam

Dear Ms. Thompson:

In your letter dated November 28, 2000 you requested a tariff classification ruling.

The ruling was requested on various products made by hand in Vietnam for Wetter (Indochine) Limited of Hong Kong. A catalogue of the products was submitted. The products are numerous and various.

Each request for a classification ruling must be limited to five products of the same class or kind. This ruling is being issued for the rattan baskets and certain other rattan products only. Furniture and lamp products are not included. Each of these is a different class of merchandise. You may submit additional separate requests for rulings for each of these products, as well as for each of the other various products in your catalogue. An attachment regarding the information required in ruling requests is being enclosed.

The rattan baskets include round baskets in different sizes with or without a lid (catalogue item numbers R105, R103, R104, R101, R102, R106, R115, R116, R113, R114, R135, R134, R130, R203, R205, R208, R207, R206 and R210). The baskets include square or rectangular baskets in different sizes (R125, R126, R127, R122, R123, R110, R111). The rattan fruit bowls (R130, R131) and the rattan trunks with sizes of 40x20x20, 50x30x30, 60x40x40(cm) which are not specifically designed to stand on the floor (R211, R212, R213) are other containers classifiable as baskets.

The other rattan products include round rattan covers (R120), small rectangular rattan trays 42x28x5cm (R108), medium rectangular trays 52x34x6cm (R109), rattan placemats which are 33cm round and shaped to hold plates (R112), and round rattan platters in different sizes (R117, R118). All of the rattan baskets and the other rattan products are made of interwoven strips of rattan.

The applicable subheading for the rattan baskets, bowls and trunks described above will be 4602.10.1600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made up from plaiting materials; baskets and bags, whether or not lined, of rattan or of palm leaf, other. The rate of duty will be 50 percent ad valorem.

The applicable subheading for the rattan covers, trays, placemats and platters described above will be 4602.10.4500, HTSUSA, which provides for articles made up from plaiting materials; other, of one or more of the materials bamboo, rattan, willow or wood, other. The rate of duty will be 45 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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