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NY R03794




May 23, 2006

CLA-2-46:RR:NC:2:230 R03794

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1200

Mr. John A. Carrier
John Carrier, Customs Broker
601 Cooks Hill Road
Mount Juliet, TN 37122

RE: The tariff classification of a willow hamper, a wastebasket and a lined basket from China

Dear Mr. Carrier:

In your letter dated April 24, 2006, on behalf of your client, Interpro Ltd. of Hong Kong, you requested a tariff classification ruling.

The ruling was requested on a group of willow products to be sold as a set. The products consist of a hamper, a wastebasket, a tissue box cover and a lined basket. A photograph of the products was submitted. The hamper has a lid and a textile liner. You state that it measures 18” x 18” x 23” tall. The wastebasket is round and less than half the height of the hamper. The lined basket is a small rectangular container with a textile lining that overlaps the rim. The products are made of an interwoven plaiting material stated to be willow.

Although sold as a set, the products being imported are not classifiable as a set because they are not put up together to meet a particular need or carry out a specific activity together. They consist of a collection of related products that have separate functions. Each product is classifiable separately.

The applicable subheading for the willow hamper, wastebasket and lined basket will be 4602.10.1200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials . . .: Of vegetable materials: Other baskets and bags, whether or not lined: Of willow. The rate of duty will be 5.8 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Your inquiry does not provide enough information for us to give a classification ruling on the tissue box cover. Your request for a classification ruling on the tissue box cover should include a sample of the product. When this information is available, you may wish to consider resubmission of your request. If you decide to resubmit your request for this product, please include a copy of this ruling letter and any material that we have returned to you.

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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