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NY I84686





August 16, 2002

CLA-2-46:RR:NC:SP:230 I84686

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Dennis Shostak
Paper Magic Group
100 N. 6th Street
Minneapolis, MN 55403

RE: The tariff classification of bamboo baskets from China.

Dear Mr. Shostak:

In your letter dated July 31, 2002 you requested a tariff classification ruling. Five samples were submitted for our examination. All are being returned for your future use.

Item #6110250 is identified as a “Large Bamboo Easter Basket with Crisscross Weave.” The sample, which is made up of wide, interwoven strips of bamboo, is an oval-shaped basket having a maximum diameter of about 9” and a height of 4” (excluding the fixed handle, which arches 12” above the rim). You state that this item is offered in three assorted shapes and colors.

Item #6110220 is identified as a “Large Bamboo Easter Basket with Vertical Weave and Braid Accent.” It is essentially the same as the above style, but its sides are made up of a combination of both wide and narrow strips of bamboo. You state that this item is offered in four assorted shapes and colors.

Item #6110210 is identified as a “Large Bamboo Easter Basket with Rattan Trim.” The sample is similar to style 6110250, but in addition to the wide bamboo strips, the weave incorporates some slender rattan rods. The bamboo is predominant in terms of weight, surface area, visual impact and functionality. You state that this item is offered in three assorted shapes and colors.

The applicable subheading for the #6110250, #6110220 and #6110210 baskets will be 4602.10.0900, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials: of bamboo: other than wickerwork. The rate of duty will be 10%. You also inquired about two other styles (#6110180 and #6110290), which are said to have been altered in some way after they were classified in New York Preclassification Ruling H82406. If you wish to pursue a new ruling on these styles, please submit a copy of ruling H82406 and explain exactly how each product has been changed in the interim. Also, please be sure to resubmit the samples of these styles in their current condition.

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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