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NY R01883




May 17, 2005

CLA-2-46:RR:NC:2:230 R01883

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Terri Ursery
Garden Ridge, LP
19411 Atrium Place, Suite 170
Houston, TX 77084-6099

RE: The tariff classification of a bamboo pumpkin basket from China

Dear Ms. Ursery:

In your letter dated May 2, 2005 you requested a tariff classification ruling.

The ruling was requested on a product identified as a pumpkin basket, item # 07-10077ER. A photograph of the product was submitted. The product consists of a round basket made of interwoven strips of bamboo. The outer surface of the basket is decoratively covered with polyfoam, shaped to the contour of a pumpkin. The polyfoam is then covered with strips of cornhusk dyed orange. The rim of the basket is made of vine. The essential character of this product is imparted by the bamboo, because of the role the bamboo plays in the functioning of this product as a basket. The other materials play a secondary role in finishing and decorating the basket.

The applicable subheading for the bamboo pumpkin basket, item # 07-10077ER, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made from plaiting materials; of vegetable materials, other baskets and bags, whether or not lined, of bamboo, other. The rate of duty will be 10 percent ad valorem.

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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