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NY 850425

March 28, 1990

CLA-2-46:S:N:N1:230 850425


TARIFF NO.: 4602.90.0000

Mr. Joel K. Simon
Serko & Simon
Suite 3371
One World Trade Center
New York, NY 10048

RE: The tariff classification of ornamented baskets from Korea

Dear Mr. Simon:

In your letter dated March 12, 1990, you requested a tariff classification ruling. The request was made on behalf of your client, the Russ Berrie & Company.

The ruling was requested on two ornamented baskets, namely, Basket Witch and Basket Scarecrow. A sample of each was submitted. The samples will be returned to you as you requested.

The Basket Witch and the Basket Scarecrow are baskets made of plaited plastic monofilament over one millimeter in cross- sectional dimension. The witch basket is decorated with a plush textile witch head and arms sewn to the back and to the handle of the basket and with textile shoes attached to the front of the basket. The scarecrow basket is decorated similarly with plush textile scarecrow head, arms and feet.

You believe that the baskets should be classified in subheading 9505.90.6000, Harmonized Tariff Schedule of the United States (HTS), as festive articles. However, the baskets are more than festive articles. They are not simply decorations. They are articles of utility, namely, containers used to hold various things.

The applicable subheading for the ornamented baskets will be 4602.90.0000, HTS, which provides for other basketwork, wickerwork and other articles, made directly to shape from plaiting materials. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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