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NY F89727

August 9, 2000

CLA-2-46:RR:NC:2:230 F89727


TARIFF NO.: 4602.10.8000

Mr. Hernando Echeverri
2348 Oak Ridge Dr
Troy, MI 48098

RE: The tariff classification of miniature basket ornaments of palm leaf from Colombia

Dear Mr. Echeverri:

In your letter received on July 14, 2000 you requested a tariff classification ruling. Photographs and a sample were submitted.

The ruling was requested on miniature hand woven baskets and other handmade products. You stated in a telephone conversation that the baskets will be sold and marketed as ornaments and not as baskets.

The sample submitted is an orange and yellow colored basket measuring approximately one inch high and one inch in diameter. It has a flimsy round bottom about one-half inch in diameter. The photographs submitted show other similar miniature decorative baskets. The basket ornaments to be imported will not exceed three inches in any dimension. The ornaments are made of interwoven thin strips of leaves from the toquilla or Panama-hat palm (Carludovica palmata).

The applicable subheading for the miniature basket ornaments of palm leaf will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles made directly to shape from vegetable plaiting materials, other. The duty rate will be 2.3 percent ad valorem.

Articles classifiable under subheading 4602.10.8000, HTSUSA, which are products of Colombia are currently entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP, however, is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check the Customs Web site at www.customs.gov. At the Web site, click on "CEBB" and then search for the term "GSP".

Your inquiry does not provide enough information to issue a classification ruling on the other products. Your request for a ruling on these products should include a sample of each kind of product, the materials they are made of and information on how and where they are used.

We note that the sample basket ornament was 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 (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its 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 holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 212-637-7009.


Robert B. Swierupski

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