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NY L84015




May 5, 2005

CLA-2-46:RR:NC:SP:230 L84015

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800; 6307.90.9889

Ms. Mary Jo Newman
JMC, Inc.
5402 Parkdale Drive, Suite 160
Minneapolis, MN 55416

RE: The tariff classification of household baskets from China.

Dear Ms. Newman:

In your letters dated March 8 and April 7, 2005, you requested a tariff classification ruling. Two samples were submitted for our examination.

Item G7-0061B/2 is a set of two open rectangular baskets made of thin, interwoven strips of wood. The smaller basket measures 9” x 7” x 6½”(H), while the larger one measures 11” x 9” x 8”(H). All surfaces have been painted white. The individual strips of wood range from approximately 1.2 to 1.6 millimeters in thickness by 13 to 19 millimeters in width. Each basket has a canvas liner that wraps over the top rim and covers the upper portion of the exterior.

The applicable subheading for the G7-0061B/2 basket set will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: of vegetable materials: other baskets and bags, whether or not lined: other (than certain enumerated kinds). The rate of duty will be 4.5%.

Item G7-00390/3 is a set of three open rectangular baskets that have metal upper and lower rims and corner posts, but are made essentially of interwoven bolducs. Each bolduc in this instance is a narrow fabric (approximately 14 to 19 millimeters in width) consisting of several parallel paper yarns (rolled paper strips), without any crossing yarns, joined by an adhesive. Paper yarns, and the bolducs produced using them, are considered textiles for tariff purposes. The “small” basket in this set measures 12” x 8” x 4”(H), while the “medium” version measures 14” x 10” x 5”(H) and the “large” version measures 15” x 11” x 6”(H). All surfaces have been coated with a glossy brownish lacquer or similar substance.

The applicable subheading for the G7-00390/3 basket set will be 6307.90.9889, HTS, which provides for other (non-enumerated) made-up textile articles. The rate of duty will be 7%.

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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