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NY N022476





February 25, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.90.0000

Mr. Bob Small
Eagles Wings
2101 Old Hickory Tree Road
Saint Cloud, FL 34772

RE: The tariff classification of a woven polypropylene basket from China

Dear Mr. Small:

In your letter, which was received in our office on January 28, 2008, you requested a tariff classification ruling.

A sample of the product to be classified, the LSU Woven Basket, style # 7910, was submitted with your letter. The sample consists of a large open basket with two short handles on the sides, measuring approximately 17” x 14” x 10” high. The basket is constructed entirely of interwoven strips of polypropylene plastic, except for a hidden metal band that reinforces the rim. The plastic strips are approximately 15 mm wide and dyed in three different colors (purple, white and yellow). A decorative plastic appliqué of a trademarked mascot is glued on the exterior in the center of one side.

The applicable subheading for the LSU Woven Basket, style # 7910, will be 4602.90.0000, 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: Other (than of vegetable materials). The rate of duty will be 3.5 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.

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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