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NY K89729




September 27, 2004

CLA-2-73: RR:NC:N1:113 K89729

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.99.9030

Mr. Geoffrey Scott
Maine Garden Products, Inc.
27 Washington Street, Suite 1
Camden, ME 04843

RE: The tariff classification of a wire basket from China

Dear Mr. Scott:

In your letter dated September 13, 2004, you requested a tariff classification ruling.

The merchandise consists of two baskets modeled after the traditional New England clam hod. The body of the basket is made of PVC-coated, steel, wire mesh. The handle and sides are made of wood. The larger style is called Pike’s Original Hod, and it measures approximately 19.25 inches in length, 11 inches in width, and 11 inches in height, including the handle. The smaller version is known as the L’il Hod. It measures about 16 inches in length, 9 inches in width, and 9.5 inches in height with the handle. Both baskets will be used for harvesting and washing fruits and vegetables from the garden, or for storing items in the home, such as wood, newspapers, and yarn.

The applicable subheading for both baskets will be 7323.99.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steel, other, other, not coated or plated with precious metal, other, other, kitchen or tableware suitable for food or drink contact. The rate of duty will be 3.4 percent ad valorem.

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 James Smyth at 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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