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NY K82779




February 27, 2004
CLA-2-46:RR:NC:2:230 K82779

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1700

Ms. Charlene Whitfield
Retail Ventures Imports
4150 E. 5th Ave.
Columbus, OH 43219

RE: The tariff classification of baskets of Miscanthus sinensis stems from China

Dear Ms. Whitfield:

In your letter, which was received in our office on January 29, 2004, you resubmitted your request for a tariff classification ruling.

The ruling was requested on three sizes of rectangular baskets with removable textile linings, vendor style # SB2002F72H3/VCD, SKU # 6060917. A sample of a small rectangular basket and an import quote sheet were previously submitted. Additional information regarding the identity of the plant material that the baskets are composed of is now included.

The sample basket measures approximately 9” long by 7” wide by 5” high. The basket has a metal wire framework, sides composed of round pithy plant stems and a bottom composed of interwoven strips of wood. The essential character of the basket is imparted by the stems because they comprise the greater and more visible area of the basket.

The botanical name of the plant used in making this basket is Miscanthus sinensis. Some of the common names of the plant are Japanese silver grass, Chinese silver grass, Maiden grass and Eulalia. The plant is a tall perennial ornamental grass with long vertical stems. Cut lengths of the stems are placed side by side and are held together by the metal frame to make the four sides of the basket. Longer lengths of the stems are bent and used as the rim of the basket. The stems are in whole rod form and approximately ¼” in diameter.

Stems of Miscanthus sinensis meet the description of plaiting materials as found in chapter note 1 of chapter 46 of the Harmonized Tariff Schedule. As noted therein, the term plaiting materials means materials in a state or form suitable for plaiting, interlacing or similar processes and includes rushes and reeds.

The applicable subheading for the baskets of Miscanthus sinensis stems, vendor style # SB2002F72H3/VCD, SKU # 6060917, will be 4602.10.1700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles of plaiting materials; other baskets and bags, whether or not lined, of other vegetable materials, 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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