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NY R03932




June 8, 2006

CLA-2-46:RR:NC:2:230 R03932

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Ave.
Fort Lauderdale, FL 33301

RE: The tariff classification of bamboo fruit baskets from China

Dear Mr. Crago:

In your letter dated May 12, 2006 you requested a tariff classification ruling.

The ruling was requested on a bamboo fruit caddy set, item # W038QA02068. A photograph of the product was submitted. The set consists of three sizes of round baskets made of bamboo strips supported by a metal wire frame. The bamboo strips are placed vertically parallel to each other, leaving a small space in between the strips. The vertical bamboo strips are held together and attached to the metal frame with horizontally interwoven narrow strips of bamboo. The bottoms of the baskets are made of interwoven strips of bamboo. The fruit caddy set includes the following sizes: 11” diameter x 4-1/2” high, 9-7/8” diameter x 4-1/8” high and 8-5/8” diameter x 3-3/4” high.

The fruit caddy baskets are composed of two different materials, bamboo strips (80%) and metal wire (20%). The essential character of the fruit baskets is imparted by the bamboo strips because of the greater role the bamboo plays in the making and functioning of the products as fruit baskets.

The applicable subheading for the bamboo fruit caddy set, item # W038QA02068, will be 4602.10.0900, 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 baskets and bags, whether or not lined: Of bamboo: Other (than wickerwork). The rate of duty will be 10 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/.

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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