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NY M80397




March 2, 2006

CLA-2-46:RR:NC:2:230 M80397

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.6000

Mr. Joseph Stinson
Liss Global, Inc.
7746 Dungan Road
Philadelphia, PA 19111

RE: The tariff classification of a vine pumpkin from China

Dear Mr. Stinson:

In your letter dated January 29, 2006 you requested a tariff classification ruling.

The ruling was requested on Liss Item # 944679, described as the “Har 8 in Rattan Pumpkin.” A sample of the product was submitted, which will be returned to you as you requested.

The sample consists of a pumpkin, made directly to shape from natural vines. The pumpkin is 9” in diameter and 6” high with an additional 3” stem protruding from the top. It is undecorated and made entirely of vines in rod or twig form and reinforced with thin wire. Although described as “rattan” in the product description, you verified with your supplier that the material is vine from a common Chinese climbing shrub of the species Tournefortia sarmentosa Lamarck.

The applicable subheading for the vine pumpkin as represented by the sample, Liss Item # 944679, will be 4602.10.6000, Harmonized Tariff Schedule of the United States (HTSUS), 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: Other: Wickerwork. The rate of duty will be free.

We note that 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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