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NY G82485

October 12, 2000

CLA-2-46:RR:NC:2:230 G82485


TARIFF NO.: 4602.10.1600

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

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

Dear Ms. Aldinger:

In your letter dated September 20, 2000 you requested a tariff classification ruling.

The ruling was requested on a product referred to as a “Metal/Rattan Basket” and designated Rite Aid item #995355. A representative sample of the product was submitted. The same style basket will be imported in three assorted colors.

The sample is a round basket approximately 8 inches in diameter and 3 inches high. The basket is made of rattan and iron. The whole bottom of the basket and the bottom half of the sides consists of interwoven strips of rattan. The top half of the sides consists of iron in decorative flower and butterfly shapes. The rims of the basket and the upright sides are made of iron rod. One iron rod runs across the middle of the bottom. The basket has short handles on each side made of iron and covered with rattan.

The basket is a composite good consisting of two different materials. A composite good that is not described in a specific heading is classified according to the material which gives it its essential character. The essential character of the basket is imparted by the rattan because the rattan plays a more important role in the functioning of the item.

The applicable subheading for the “Metal/Rattan Basket”, item #995355, will be 4602.10.1600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other baskets and bags, made from vegetable plaiting materials, of rattan or of palm leaf, other. The rate of duty will be 5 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.


Robert B. Swierupski

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