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NY K84795




May 11, 2004
CLA-2-46:RR:NC:2:230 K84795

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

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

RE: The tariff classification of a hemp basket from China

Dear Ms. Powell:

In your letter dated April 8, 2004 you requested a tariff classification ruling.

The ruling was requested on a hemp basket to be imported by Florists’ Transworld Delivery. The basket is identified by catalog number 041932 and will be used in florists’ arrangements. A sample of the basket was submitted for our examination.

The sample consists of a 7” high roughly 6” round basket with a lid. The basket resembles a pumpkin and is decorated with vine-like leaves made of metal on top. It is made of twisted strips of a fibrous vegetable material stated to be hemp and has a metal wire framework. A fitted clear plastic liner is inserted inside the basket.

The applicable subheading for the hemp basket, catalog number 041932 will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made of plaiting materials; other baskets and bags, whether or not lined, of other vegetable materials. 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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