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NY I85761




September 16, 2002

CLA-2-46:RR:NC:2:230 I85761

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Dennis Shostak
The Paper Magic Group, Inc.
100 North Sixth St, Suite 899C
Minneapolis, MN 55403

RE: The tariff classification of bamboo Easter baskets from China

Dear Mr. Shostak:

In your letter dated August 21, 2002 you requested a tariff classification ruling.

The ruling was requested on two baskets, identified as Easter baskets, item #6110180 and #6110290. In your letter dated July 31, 2002 you stated that these style numbers were previously classified in another ruling and were subsequently modified. After verification, however, you now state that these are two new style numbers which have never been ruled on before.

Samples of the two baskets were submitted. Item #6110180 is an oval basket measuring approximately 9-1/2” long by 7-1/4” wide by 4-3/4” high. It has a long arching handle, typical of the Easter basket style. It is colorfully finished in blue with accents of yellow, green and pink. Except for a one inch horizontal midsection, it is made of interwoven strips of bamboo. The midsection consists of five plaits of a twisted fibrous vegetable material. The essential character of the basket is imparted by the bamboo strips.

Item # 6110290 is an oval basket measuring approximately 5” long by 4” wide by 3-3/4” high. It has a long arching handle. It is made entirely of interwoven strips of bamboo. The vertical strips are dyed pastel pink and the horizontal strips are dyed pastel purple.

The applicable subheading for the Easter style bamboo baskets, item #6110180 and #6110290 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; 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 646-733-3035.

Sincerely,

Robert B. Swierupski
Director,

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