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NY N005095




January 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Dennis Morse
BDP International, Inc.
2721 Walker Ave., N.W.
Grand Rapids, MI 49504

RE: The tariff classification of a bamboo basket from Vietnam

Dear Mr. Morse:

In your letter dated December 19, 2006, on behalf of your client, Meijer Distribution, you requested a tariff classification ruling.

The ruling was requested on a product identified as the “Lombock Slant Basket”, item # 9100115, UPC # 7-08820-47036-1. A sample of the product was submitted, which will be returned to you as you requested.

The sample is a rectangular basket measuring approximately 5-1/2” wide x 10-1/2” deep x 12” high in the back. The top of the basket slants down to a height of 4” in the front. The sides of the basket consist of strips of bamboo placed side-by-side and woven together with narrow strips of rattan. The bottom of the basket is composed of a long rod of an unidentified plaiting material bent around to shape and held together with narrow rattan strips. The essential character of the basket is imparted by the bamboo strips, which comprise the greater and more prominent area of the basket. Baskets made of bamboo strips, whether interwoven together or placed side-by-side, are manufactures of plaiting material, provided for in Chapter 46 of the Harmonized Tariff Schedule.

The applicable subheading for the “Lombock Slant Basket”, item # 9100115, UPC # 7-08820-47036-1, will be 4602.10.0900, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles, made from plaiting 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 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).

Pursuant to title 19 United States Code, Section 3005 The Harmonized Tariff Schedule of the United States is in the process of being amended to reflect changes recommended by the World Customs Organization. The amendments are expected to affect the classification of your merchandise. On January 4, 2007, Presidential Proclamation 8097 containing these changes was published in the Federal Register. See 72 FR 453, Volume 72, No. 2. The proclaimed changes are effective for goods entered or withdrawn from warehouse for consumption on or after February 3, 2007. Once those changes are in effect, it is anticipated that your merchandise will be classified in 4602.11.0900 HTSUS.

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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