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NY H81967




June 25, 2001

CLA-2-46:RR:NC:2:230 H81967

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Pavlos Lazos
KEL International
1838 El Camino Real #222
Burlingame, CA 94010

RE: The tariff classification of baskets made of interwoven bamboo strips from China

Dear Mr. Lazos:

In your letter dated June 7, 2001, on behalf of Renee’s Collection, you requested a tariff classification ruling.

The ruling was requested on bamboo baskets to be used to hold plants or other articles. Two samples were submitted which will be returned to you as you requested. The samples are open round baskets approximately 5” high. They are made of interwoven strips of bamboo. One of the baskets is woven with 5/8” wide bamboo strips and the other is woven with ¼” wide strips. Both baskets are unlined and have a stained finish. One of the baskets has a wood bottom.

You suggested classification of the baskets in subheading 4602.10.0700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made directly to shape from plaiting materials; of vegetable materials; other baskets and bags, whether or not lined; of bamboo; wickerwork.

All baskets classifiable in chapter 46 of the Harmonized Tariff Schedule are made of plaiting materials. The term wickerwork as it appears at the subheading level under the provision for baskets of bamboo is understood, according to its common meaning, to be bamboo plaiting material in the form of rods or twigs.

The subject baskets, however, are made of bamboo plaiting material in the form of flat strips which cannot be considered wickerwork, that is, an article made of rods or twigs. Therefore, they are not classifiable in subheading 4602.10.0700, HTSUSA.

The applicable subheading for the baskets will be 4602.10.0900, HTSUSA, which provides for basketwork, wickerwork and other articles made directly to shape from plaiting materials; of vegetable 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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