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NY H85952




January 4, 2002

CLA-2-46:RR:NC:2:230 H85952

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Mary L.Van der Veren
Wal Mart Stores, Inc.
Direct Imports – 0410
702 Southwest 8th St
Bentonville, AR 72716-0410

RE: The tariff classification of bamboo critter baskets from China

Dear Ms. Van der Veren:

In your letter dated December 3, 2001 you resubmitted your request for a tariff classification ruling. The original request was lost on September 11, 2001 in our former 6 World Trade Center office.

The ruling was requested on an assortment of six critter baskets referenced as vendor stock # Y28079. The assortment consists of baskets decorated with a bee, a ladybug, a frog, a cow, a pig and a rooster. Samples of the bee and the rooster basket were submitted.

The samples are wall hanging baskets having one short handle on one side. Each basket measures approximately 5-1/2 inches high by 5 inches wide by 3-1/2 inches deep. Each is made of interwoven strips of bamboo. The rim of the basket is covered with a ruffled textile fabric. Attached on top of the rim on the front side is a plush textile head with arms of either a bee or a rooster. The front side is additionally decorated with wood appliques and artificial foliage.

The applicable subheading for the bamboo critter baskets will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting 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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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