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NY J87777




August 28, 2003

CLA-2-46:RR:NC:2:230 J87777

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1600

Mr. Rick Mosley
Kuehne & Nagel, Inc.
101 Wrangler Drive, Ste. 201
Coppell, TX 75019

RE: The tariff classification of a rattan chip and dip server from China

Dear Mr. Mosley:

In your letter dated June 24, 2003, on behalf of Libbey Inc., you requested a tariff classification ruling. Ruling NY J86596 dated July 24, 2003 was issued for three of the four products requested. This ruling concerns the fourth product for which additional information was submitted.

A sample of the product to be classified was submitted directly by Libbey Inc. on August 1, 2003. The subject product is known as the Essence Chip n’ Dip Server, item number 55133. The sample consists of a 15” round rattan basket with an attached 5” round rattan holder in the center. The holder contains a removable 4-3/4” round glass bowl. The basket is made of interwoven strips of split rattan reinforced with metal wire rods. It has a flat rim around the circumference made of whole rattan rods and the bowl holder in the center is also made of whole rattan rods. The basket is essentially made of split rattan.

The rattan chip and dip server and glass bowl comprise a composite good consisting of two different components. The rattan basket with the attached bowl holder in the middle and the appropriately sized glass bowl are designed to fit together and be used together. The essential character of this composite good is imparted by the rattan basket because of the greater size of the basket than the bowl. The glass dip bowl covers just a small part of the chip and dip server.

The applicable subheading for the chip and dip server, item number 55133, will be 4602.10.1600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials, of vegetable materials, other baskets and bags, whether or not lined, of rattan or of palm leaf, other. The rate of duty will be 5 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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