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NY G81248




September 8, 2000

CLA-2-46:RR:NC:2:230 G81248

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of bamboo baskets from China

Dear Mr. Hoffacker:

In your letter dated August 29, 2000, on behalf of the importer Consolidated Stores Inc., you requested a tariff classification ruling.

The ruling was requested on three sets of bamboo baskets. Samples of each set were submitted and they will be returned to you as you requested.

Item # FU40218 is a set of three round baskets with hinged lids and two short handles on the sides. The largest basket measures approximately 14 inches in diameter and 8 inches high. The other two baskets are smaller and nest inside. The baskets are made of bamboo strips interwoven together in decorative patterns. Only the bottoms of the baskets are made of wood.

Item # FU40078 is a set of two oval bamboo baskets with hinged lids and one handle on top. The larger basket measures approximately 13 inches long by 7-1/2 inches wide by 8-1/2 inches high. The other basket nests inside. The tops of the baskets consist of interwoven bamboo strips, the sides consist of bamboo strips placed side by side vertically, and the bottoms consist of wood.

Item # FU40069 is a set of two cake shaped baskets. The samples are round baskets with hinged lids and one handle on top. The larger basket measures approximately 10-1/2 inches in diameter and 8-1/2 inches high. The other basket is smaller and fits inside. The tops of the baskets are made of interwoven bamboo strips, the sides are made of bamboo strips placed side by side, and the bottoms are made of wood.

The applicable subheading for all three styles of bamboo baskets will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork and other articles made up from plaiting materials; other baskets and bags, whether or not lined; of bamboo, other. The rate of duty will be 10 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,

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