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NY H82504




July 9, 2001

CLA-2-46:RR:NC:2:230 H82504

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1600

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a rattan gathering basket from China

Dear Mr. Hoffacker:

In your letter dated June 15, 2001, on behalf of the importer, The Country Peddlers & Company of America, you requested a tariff classification ruling.

The ruling was requested on a product referred to as a Gathering Basket, style #28800000. A sample of the basket was submitted, and it will be returned to you as you requested.

The sample basket is oval shaped and measures approximately 16-1/2 inches long, 12 inches wide and 8 inches high. A circular wood hoop in the middle of the basket forms a rigid handle on the top and gathers or pulls in the bottom so that the basket can rest easily on a person’s hip. The basket is made of rattan strips interwoven with rattan rods. The rattan strips are wider than the rods and cover more area of the basket. The essential character of the basket is imparted by the rattan strips.

The applicable subheading for the rattan gathering basket (style #28800000) will be 4602.10.1600, 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 rattan or of palm leaf; other. The rate of duty will be 5 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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