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NY C83695

February 13, 1998

CLA-2-46:RR:NC:SP:230 C83695


TARIFF NO.: 4602.10.0900

Ms. Lori Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a picnic basket set from China.

Dear Ms. Aldinger:

In your letter dated January 14, 1998, you requested a tariff classification ruling.

A sample identified as a "21 piece picnic basket" was submitted and will be retained for reference. Its main component is a 12" cubical basket composed of interwoven pieces of fern midrib and flat strips of bamboo. The bamboo is the predominant material in terms of quantity and appearance. The basket features a hinged, flip-open lid with dual carrying handles attached at the center. An additional pivoting handle made of bent, fern-wrapped metal wire is located on the front panel of the basket and can be positioned over the lid as a closure.

The interior of the basket, which is fully lined with a lightly padded blue-and-white checkered fabric, contains a place setting for four consisting of 20 pieces of plastic tableware (four each of plates, mugs, forks, knives and spoons). The lining of the lid incorporates an elasticized fabric sleeve which accommodates the plates. Despite the presence of the tableware, the basket provides ample additional space for food and other items normally transported to a picnic.

With reference to General Rule of Interpretation 3(b), Harmonized Tariff Schedule of the United States (HTS), the above-described items will be considered "goods put up in sets for retail sale" whose essential character is imparted by the basket. The bamboo, in turn, will be considered the material which imparts the essential character of the basket itself.

Accordingly, the applicable subheading for the complete "21 piece picnic basket" set will be 4602.10.0900, HTS, which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials: of bamboo: other than wickerwork. The rate of duty will be 10%.

We note that the sample is not marked with its country of origin. When imported into the United States, the merchandise will be required to be so marked (e.g., "Made In China"), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach ultimate purchasers.

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 212-466-5779.


Robert B. Swierupski

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