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NY K88397




August 23, 2004
CLA-2-46:RR:NC:SP:230 K88397

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Janet Teham
Frankie’s Imports Inc.
4747 South Richmond St.
Chicago, IL 60632

RE: The tariff classification of a bassinet from China.

Dear Ms. Teham:

In your letter dated July 14, 2004, you requested a tariff classification ruling.

A sample of a bassinet, also described as a “baby basket set,” was submitted for our examination. Manufacturer’s information concerning the product’s composition accompanied the sample. The item is said to be intended to hold a baby aged less than 9 months.

The article consists of a large, boat-shaped basket that contains a quilt, a cushion and a pillow. The interior and exterior of the basket’s sides are covered with fabric skirting, and there is also a collapsible fabric shade (partial canopy with pivoting plastic hoop frame) that arches over the top. Dual carrying handles (made of textile belting) are attached to the basket to provide portability.

The quilt, cushion and pillow are made of matching design-printed polyester/cotton fabric stuffed with polyester fiberfill. They are sized and shaped to fit properly within the basket. The skirting and shade are made of polyester/cotton fabric printed with the same design present on the other textile components.

The basket itself, which measures 45 cm wide by 80 cm long by 25 cm high, is made of a series of parallel bundles of wheat straw. Each bundle is tightly wrapped/bound with maize (strips of dried corn husk or leaf). The wrapped bundles are in turn tied together with additional strips of maize.

For tariff classification purposes, the bassinet will be considered a “composite good” whose essential character is imparted by the straw/maize basket, which provides the article with its structure, shape and basic functional capability.

Accordingly, the applicable subheading for the complete bassinet will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials. The rate of duty will be 4.5%.

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 Border Protection (CBP) 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 CBP.

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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