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NY I88651




December 18, 2002

CLA-2-46:RR:NC:SP:230 I88651

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1600

Ms. Cheryl Santos
CVS / Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of a rattan and metal basket from China.

Dear Ms. Santos:

In your letter dated November 27, 2002, you requested a tariff classification ruling.

A sample identified as a “rattan/wire basket,” item #158031, was submitted for our examination and is being returned to you as requested. It is a round, empty basket whose body measures 8¼” in diameter by 4½” in height. (It has a fixed handle that arches an additional 5½” above the rim.) The floor of the basket is composed mainly of flat, interwoven strips of rattan. (The bottom rim, however, is a circular iron rod, and there is one iron rod that runs across the center of the floor.) The lower portion of the sidewall (up to a height of 1¾”) consists of horizontal rattan rods interwoven with vertical iron wires. The upper portion of the sidewall is a painted iron band incorporating cutouts representing flowers and rabbits. The handle is made of twisted iron wires.

The applicable subheading for the #158031 basket will be 4602.10.1600, Harmonized Tariff Schedule of the United States (HTS), which provides for other baskets and bags, whether or not lined, of vegetable plaiting materials: of rattan or of palm leaf: other than wickerwork. The rate of duty will be 5%.

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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