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NY D80012

July 29, 1998

CLA-2-46:RR:NC:2:230 D80012


TARIFF NO.: 4602.10.1800

Mr. Ken Hashimoto

Expeditors International of Washington, Inc.

578 Eccles Ave.

So. San Francisco, CA 94080

RE: The tariff classification of a fern and metal sleigh basket from China

Dear Mr. Hashimoto:

In your letter dated July 1, 1998, on behalf of your client, Longs Drug Stores, you requested a tariff classification ruling.

The ruling was requested on a fern and metal sleigh basket. A sample of the product was submitted. It consists of a six inch high basket in the form of a sleigh. The basket is made of interwoven fern with an underlying rough framework of rattan. The sleigh basket is supported on a metal stand in the form of a sleigh's undercarraige with runners.

The essential character of the sleigh basket is imparted by the fern because of the role it plays in making the product. The basket is primarily made of fern with the rattan and metal providing secondary supporting roles.

Classification was suggested in subheading 4602.10.1700, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Subheading 4602.10.1700 provides for plaited baskets and bags, of other vegetable materials (not specified in the previous subheadings), in the form of wickerwork.

Wickerwork under heading 4602 consists of products of vegetable plaiting material in the form of rods or twigs. However, fern is derived from the center part or midrib of the fern leaf. Parts of leaves are not rods or twigs. Fern is not considered to be wickerwork.

The applicable subheading for the fern sleigh basket will be 4602.10.1800, HTSUSA, which provides for plaited baskets and bags, of other vegetable materials (not specified in the previous subheadings), other (than wickerwork). The rate of duty will be 4.5 percent ad valorem.

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.


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