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NY B86485




August 13, 1997

CLA-2.1B:CO:E14

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Julia E. Hartenfels
Import Supervisor
William B. Skinner, Incorporated
Custom House Broker
Hemisphere Center
Route 1 & 9 South
Newark, New Jersey 07114

RE: The tariff classification of fern baskets with removable textile lining from China

Dear Ms. Hartenfels:

In your letter dated July 22, 1997, on behalf of Taching Import Export Company, you requested a tariff classification ruling.

The ruling was requested on three baskets composed of interwoven ribs of fern. The baskets have removable textile lining which fully covers the basket's interior and also folds over the top to cover the exterior of the rim. The basket and lining are adapted one to the other and form a whole which will not be offered for sale in separate parts. The baskets are described as being of 100% fern material.

The first basket, item number P709, is approximately 4«" wide x 1«" deep x 6«" in length. The second basket, item number P707, is approximately 7" wide x 2¬" deep x 7" in length. The third basket, item number P710XA, is approximately 7«" wide x 3" deep x 11" in length and has a small handle arched upward from the rim on each end of the basket. The three samples submitted are being returned herein.

The applicable subheading for the plaited fern baskets which contain removable linings of textile will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork and other articles of plaiting materials: Of vegetable materials: Other baskets and bags, whether or not lined: Other: Other. The rate of duty will be 4.5% ad valorem.

You asked whether the merchandise described above is subject to quota restraints. Merchandise currently classified under 4602.0.1800 (HTS) is not subject to quota restraints.

We note that the samples accompanying your request are not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin imported into the United States 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 United States the English name of the country of origin of the article. The article at issue herein is not in compliance with the referenced statue.

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.

Sincerely,

Jon A. Batt
Port Director

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