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NY G85802




February 8, 2001

CLA-2-46:RR:NC:SP:230 G85802

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200

Mr. Bill Ward
International Marketing Services
1102 W. Horatio Street
Tampa, Florida 33606

RE: The tariff classification of willow baskets from China.

Dear Mr. Ward:

In your letter dated September 1, 2000, received here on January 19, 2001, you requested a tariff classification ruling.

The sample accompanying your letter is a round basket made entirely of interwoven willow rods. It is about 9 inches in diameter by 4 inches in height, with a fixed handle that arches an additional 6 inches above the rim. The basket appears to be coated with a clear lacquer. You state that the baskets represented by the sample will be imported in various sizes.

The applicable subheading for the willow baskets will be 4602.10.1200, Harmonized Tariff Schedule of the United States (HTS), which provides for baskets and bags (other than fishing baskets or creels), whether or not lined, of vegetable plaiting materials: of willow. The rate of duty will be 5.8%.

Although the sample is not marked in any way, you submitted a printed rendering of a tag that you propose to attach to “each set of two to four baskets.” Among other information, the tag (which measures about 2 inches by 4 inches) bears the following words, in clear, legible upper-case type (approximately 1/8-inch):

100% WILLOW
WICKER
MADE IN CHINA
We find that while the proposed tags are acceptable for Customs purposes, they should be securely attached to each individual basket rather than to groups or sets of baskets. This will provide more reasonable assurance that all ultimate purchasers will be able to view the printed information and thus be informed of the country of origin, regardless of how the baskets are offered at the retail level.

Any questions or concerns you may have regarding FTC (Federal Trade Commission) requirements should be directed to that agency’s Division of Enforcement, located at 6th & Pennsylvania Ave., N.W., Washington, D.C. 20508.

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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