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NY G81432




September 22, 2000

CLA-2-46:RR:NC:2:230 G81432

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.8000

Mr. Jacob Lenten
The Netherlands Chamber of Commerce in the United States, Inc.
303 E.Wacker Drive, Suite 412
Chicago, IL 60601

RE: The tariff classification of “SjaPoo” palm leaf bouquet holders from Vietnam

Dear Mr. Lenten:

In your letter dated September 6, 2000 you resubmitted a request for a tariff classification ruling along with additional information. The ruling was requested on a product manufactured in Vietnam for the Dutch exporter Howitec Trading BV.

The product to be classified is patented and called a “Sjapoo.” The “Sjapoo” is a bouquet holder developed from the Asian rice hat. The product is further processed so that it is no longer a hat. Some of the inside ribs of the hat are removed, a hole is opened up at the tip and a long cord or wire is tied near the hole. Pictures and a brochure submitted show how the “Sjapoo” is used. Flowers are arranged and inserted through the hole and the bouquet is tied together with the cord.

The “Sjapoo” is made in two styles and several different diameter sizes. The styles consist of a firm version in sizes of 7 cm, 17 cm, 25 cm and 30 cm and a flexible version in sizes of 17 cm, 25 cm, 30 cm, 40 cm and 50 cm. Representative samples were submitted.

The “Sjapoos” are made of strips of palm leaves placed together so as to taper towards the tip. The leaves are sewn in place. The firm style has several concentric ribs inside that maintain its flared shape. The outside circumference is finished with a sewn-on rib. The flexible style has only two ribs near the hole and therefore has a loose floppy shape. The outside edge is unfinished and uneven.

The applicable subheading for the firm and the flexible “Sjapoo” bouquet holders will be 4602.10.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other articles, made up from plaiting materials, other, other. The rate of duty will be 25 percent ad valorem. This rate applies whether the “Sjapoos” are shipped direct from Vietnam or from the Netherlands.

We note that the sample 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.

Sincerely,

Robert B. Swierupski
Director,

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