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NY J87778




August 29, 2003

CLA-2-46:RR:NC:2:230 J87778

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200; 4602.10.1800

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

RE: The tariff classification of willow baskets and chipwood baskets from China; Supplement to Ruling J82508

Dear Mr. Shostak:

In your letter dated July 29, 2003 you requested a correction in the description of two baskets in tariff classification ruling NY J82508 dated April 23, 2003.

You stated in your letter that the item numbers for two of the baskets in that ruling were inadvertently switched around. Samples and correct descriptions of the baskets were submitted.

Item 6111420 is an oval shaped basket with a fixed arching handle. The basket measures approximately 9-1/2” long by 7” wide by 4” high. It is made of interwoven willow, in two forms. The horizontal sides and part of the bottom are made of split willow and the rest of the basket is made of willow rods. The basket is dyed a dull yellow (cream) color and is painted with silver accents.

Item 6111460 is a rectangular basket with a pivoting handle. The basket measures approximately 8” long by 7” wide by 5” high. The sides of the basket are made of chipwood strips interwoven with vertical multi-colored bamboo strips. The bottom of the basket consists of two veneer sheets stapled together. The rim and handle are made of bentwood strips. The essential character of the basket is imparted by the chipwood because the chipwood covers a greater area of the basket than any other material.

The applicable subheading for the willow basket, item 6111420, will be 4602.10.1200, 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 willow. The rate of duty will be 5.8 percent ad valorem.

The applicable subheading for the chipwood basket, item 6111460, will be 4602.10.1800, HTSUSA, which provides for basketwork, made from plaiting materials; of vegetable materials; other baskets and bags, whether or not lined, other. The rate of duty will be 4.5 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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