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NY N019158




November 8, 2007

CLA-2-63:OT:RR:NC:N3:351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Ted Lenosky
Madan Plastics Inc.
370 North Ave.
Cranford, NJ 07016

RE: The tariff classification of a fruit picking basket from New Zealand

Dear Mr. Lenosky:

In your letter dated Oct. 26, 2007, you requested a tariff classification ruling.

You submitted a fruit picking basket. It is worn on the abdomen with an over-the-shoulder harness. It comes in various sizes ranging in capacity from 14 liters to 36; other than size, they are all essentially the same.

The item has three major components: a frame, a liner, and a harness. The polyethylene frame, called a shell on the descriptive literature, is kidney-shaped for better fit on the abdomen. The sample before us measures 20” across by 10” front to back, by 12” deep.

The liner is tubular in shape and made of woven nylon fabric; the inside surface is available in a velour fabric to cushion “sensitive skinned fruit.” It contains an interior layer of padding to cushion the fruit. It is open at the top, with no means of closure, and also at the bottom. It has no pockets and no other additional features. The top fits snuggly over the lip of the shell and is secured in place with a drawstring. The bottom extends down 27” and folds back over the shell; it is secured on each side by a rope that hooks onto the frame. When full, the liner can be emptied by releasing the ropes and allowing the bottom to open for the fruit to roll into a truck bed or other container.

The harness has two foam-padded nylon shoulder straps with adjustable webbed straps. It has a nylon back support pad and two waist straps. The harness attaches directly to the basket.

The sample will be returned as requested.

The fruit picking basket with the shell and harness is a composite good with the essential character imparted by the textile liner. It is the liner that actually holds the fruit.

The applicable subheading for the fruit picking basket will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

In your letter you state that you believe the item is classifiable in subheading 3926.90.10, HTSUS, which provides for plastic buckets and pails. However, it is not considered a pail or bucket for tariff purposes and, further, we have determined that the essential character of this composite good is imparted by the textile liner.

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/.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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