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NY J82418




April 7, 2003

CLA-2-46:RR:NC:SP:230 J82418

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1700

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a vine basket in a metal stand, article #031929, from China.

Dear Ms. Powell:

In your letter dated March 24, 2003, you requested a tariff classification ruling.

A sample of a small, half-egg shaped open basket in a metal stand was submitted for our examination. The basket itself, which measures 7½” in diameter at the rim by 5” in height, is made up of whole, interwoven rod-like pieces of vine identified as “passion vine” (Passiflora spp). The stand in which the basket rests consists of a 7”-diameter metal band supported by four, 6¾”-high metal legs. The basket can be removed from the stand if desired, but because of its rounded bottom it will not be stable if placed on a flat surface. You state that the article will be used by florists to hold floral arrangements.

This product will be regarded as a “composite good” whose essential character is imparted by the vine basket component. While the metal stand is important for support and stability, the woven vine basket itself is the main portion of the article that allows it to function as a receptacle.

Accordingly, the applicable subheading for the complete #031929 vine basket with stand will be 4602.10.1700, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: of vegetable materialsother baskets and bags, whether or not lined...other: wickerwork. The rate of duty will be free. 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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