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NY L85841




July 14, 2005

CLA-2-46:RR:NC:SP:230 L85841

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200

Ms. Roxane Peiffer
Norman G. Jensen, Inc.
3050 Metro Drive, Ste. 300
Minneapolis, MN 55425

RE: The tariff classification of a picnic basket set from China.

Dear Ms. Peiffer:

In your letter dated June 20, 2005, you requested a tariff classification ruling on behalf of Grohmann Corporation (Maple Plain, MN).

A sample of a picnic basket set (not identified by style number) was submitted for our examination and is being returned to you as requested. The set consists of the following items:

A 15” x 22” x 13”(H) basket made of interwoven willow rods. It features a hinged, flip-open lid with faux leather straps for closure. The interior is lined with textile fabric, and is fitted to hold the other components (described below) contained within it. It has ample additional space to accommodate food for a picnic. Each end of the exterior has an attached faux leather carrying handle.

4 10” Melamine plates.

4 stainless steel forks with plastic handles.

4 stainless steel table knives with plastic handles.

4 stainless steel spoons with plastic handles.

1 stainless steel cheese knife with wooden handle.

1 wooden cutting board.

1 corkscrew.

A metal salt-and-pepper shaker set.

1 picnic blanket (woven, coated Terylene textile fabric ground cloth).

1 textile-fabric holder for the picnic blanket.

4 napkins, made of woven Terylene textile fabric.

4 wine glasses.

The picnic basket and its contents are put up together to carry out a specific activity, that is, to have a meal outdoors. They constitute “goods put up in sets for retail sale” and are governed by General Rule of Interpretation (GRI) 3(b) of the Harmonized Tariff Schedule. GRI 3(b) provides that mixtures, composite goods and goods put up in sets for retail sale shall be classified as if they consisted of the material or component which gives them their essential character. The essential character of the picnic basket set is imparted by the willow basket.

Accordingly, the applicable subheading for the complete picnic basket set will be 4602.10.1200, 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 (than certain specified) baskets and bags, whether or not lined: of willow. The rate of duty will be 5.8%.

Even though the napkins are included as constituent parts of the set for classification purposes, they still fall within textile category 666, and may be subject to textile quota and visa requirements, which are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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