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NY G85025

December 8, 2000

CLA-2-46:RR:NC:2:230 G85025


TARIFF NO.: 4602.10.0900; 7323.99.9060

Ms. Adrian Dawson
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of bamboo baskets and wire baskets from Hong Kong

Dear Ms. Dawson:

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

The ruling was requested on two styles of baskets having spring motifs, designated style numbers 64-97-21 and 64-97-24. Representative samples of the styles were submitted.

Style 64-97-21 is described as a “white bamboo handle basket with handpainting.” The sample is an oval shaped basket measuring approximately 6-1/2” long by 5” wide by 4-1/2” high. It has a long handle made of bent bamboo. The sides and bottom of the basket are made of interwoven strips of bamboo. The top and bottom rims are made of bamboo strip. The basket is painted white and is additionally decorated with painted flowers, eggs and bees in various colors.

Style 64-97-24 consists of an assortment of baskets described as “handpainted wire baskets.” Three samples of rectangular and oval metal baskets were submitted. The baskets have long handles, and they have sides decorated with flowers, butterflies or bugs. One of the baskets has a metal sheet bottom. The rest of the baskets are made entirely of metal wire. The baskets are painted in various pastel colors.

The applicable subheading for the bamboo basket will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials; other baskets and bags whether or not lined; of bamboo; other. The rate of duty will be 10 percent ad valorem. This rate will remain the same in 2001.

The applicable subheading for the wire baskets will be 7323.99.9060, HTSUSA, which provides for table, kitchen or other household articles, of iron or steel; other; not coated or plated with precious metal; other; other. The rate of duty will be 3.4 percent ad valorem. This rate will remain the same in 2001.

We note that the samples were 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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