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NY H82455




July 5, 2001

CLA-2-46:RR:NC:2:230 H82455

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Ron Reuben
Danzas AEI Customs Brokerage Services
5510 West 102nd Street
Los Angeles, CA 90045

RE: The tariff classification of a bamboo picnic basket set from Hong Kong

Dear Mr. Reuben:

In your letter dated June 12, 2001, on behalf of the importer, The Millworks Trading Company Ltd., you requested a tariff classification ruling.

The ruling was requested on a bamboo picnic basket with plastic dishes and utensils. A sample was submitted which will be returned to you as you requested.

The sample is a rectangular basket with two long rotating handles. It measures approximately 11 inches high and 11-1/2 inches wide by 18 inches long on the top which tapers down to 9 inches wide by 16 inches long on the bottom. It has a lid with a leather strap which attaches to a metal latch and secures the contents. The basket is made of interwoven strips of bamboo and fern. The bamboo strips comprise the horizontal weave and are wider than the fern. The greater area of the basket is covered by the bamboo. The basket is fully lined with a red and white checkered cotton fabric.

The basket contains four plastic place settings each consisting of a dinner plate, cup, knife, fork and spoon. Bolted to the inside of the lid are leather straps designed to hold the plastic dinnerware while being used on a picnic. When imported and sold, the plastic dinnerware is packed inside a cardboard box which is placed inside the basket.

The picnic basket and dinnerware are put up together to carry out a specific activity. They constitute “goods put up in sets for retail sale” and are governed by General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule of the United States. GRI 3(b) provides that mixtures, composite goods and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The essential character of the picnic basket set is given by the basket. The essential character of the basket is imparted by the bamboo strips.

The importer suggested classification 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.

However, 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 basket is 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, it is not classifiable in subheading 4602.10.0700, HTSUSA.

The applicable subheading for the picnic basket set 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.

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.

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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