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NY I89332




January 15, 2003

CLA-2-46:RR:NC:2:230 I89332

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Kim Young
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a bamboo picnic basket set from China

Dear Ms. Young:

In your letter dated December 12, 2002, on behalf of your client Meijer Distribution, you requested a tariff classification ruling.

The ruling was requested on item # 961812, a picnic basket set consisting of a bamboo basket, plastic dinnerware and a beach mat. A sample of the item was submitted which will be returned to you as you requested.

The sample consists of a rectangular basket measuring approximately 12” wide by 13” high by 8-1/2” deep. The basket is made of interwoven strips of split bamboo and is trimmed with fern around the top and bottom rim. It is lined with a printed textile fabric which has a pocket and elastic straps sewn on the sides. The basket has a cover made of the same printed textile fabric. The cover is sewn and glued on one side and secured to the other side with a hook and loop closure. The basket has two long fabric handles made of strong canvas type material. Four plastic 10” dinner plates fit inside the side pocket. Attached to the elastic straps are four plastic mugs and plastic knives, spoons and forks. A folded beach mat made of woven strips of seagrass and trimmed with the same printed fabric fits inside the basket. Sufficient room remains in the basket for holding food for a picnic.

The picnic basket, dinnerware and mat are put up together to carry out a specific activity, that is, to have a meal outdoors. They constitute “goods put up in sets for retail sale” and are governed by General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule. GRI 3(b) provides that mixtures, composite goods and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The essential character of the picnic basket set is imparted by the split bamboo basket.

The applicable subheading for the bamboo picnic basket set, item # 961812, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork made 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.

We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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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