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NY K89347




September 27, 2004

CLA-2-46:RR:NC:2:230 K89347

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 maize pot cover basket from China

Dear Ms. Powell:

In your letter dated August 24, 2004 you requested a tariff classification ruling.

The ruling was requested on a maize pot cover, article catalogue number 050321. A sample of the product was submitted. The sample is a round tapered basket measuring approximately 6” high by 5” in diameter on top tapering down to 3-1/2” in diameter on the bottom. The basket is made of strips of maize straw which are interlaced into braids. The basket is made to shape from one long braid which is wound around with the edges overlapping and sewn together. The inside of the basket is lined with a textile fabric and fitted with a removable clear plastic liner. The outside of the basket is decorated with colorful flowers made of cornhusk.

The applicable subheading for the maize pot cover basket, catalogue number 050321, will be 4602.10.1800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made from 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 sample submitted was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

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 U.S. 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 the 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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