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NY H86502

January 18, 2002

CLA-2-46:RR:NC:2:230 H86502


TARIFF NO.: 4602.10.1600

Ms. Joyce E. Jones
American Pacific Enterprises LLC
3901 Gantz Road, Suite A
Grove City, OH 43123

RE: The tariff classification of a rattan wastebasket, a tray basket and a caddy basket from China, Pakistan, India, Hong Kong or Taiwan

Dear Ms. Jones:

In your letter dated December 19, 2001 you requested a tariff classification ruling.

The ruling was requested on three products described as “Wicker Bath Accessories.” A sample of each product was submitted which will be returned to you as you requested.

The samples consist of a wastebasket, a tray basket and a caddy basket. The wastebasket is a tall rectangular container measuring approximately 9 inches long by 6-1/2 inches deep by 9-1/2 inches high. The tray basket is a short rectangular container with a handle at each end measuring approximately 12 inches long by 6 inches deep by 2 inches high. The caddy basket is a rectangular container divided into two compartments and having a handle at each end. It measures approximately 9 inches long by 6 inches deep by 4 inches high.

The baskets are made of interwoven rattan strips and are finished with white paint. An examination of the samples shows that they are reinforced with frames made of metal rods. In addition, the vertical rods on the sides of the baskets are also made of metal. The vertical rods on the bottom of the baskets are made of a vegetable material assumed to be rattan. The greatest quantity of the baskets consists of the rattan strips which form the horizontal weave and cover the greatest area of the baskets. The essential character of the baskets is imparted by the rattan strips.

You suggested classification of the baskets under subheading 4602.10.17, Harmonized Tariff Schedule of the United States, which provides for other “wickerwork” baskets. However, the term “wickerwork” in various subheadings under heading 4602 refers to plaiting material in the form of rods or twigs. Products made of plaiting material in the form of strips are not included in the “wickerwork” subheadings.

The applicable subheading for the three rattan baskets made essentially of rattan strips will be 4602.10.1600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made from plaiting materials; other baskets and bags, whether or not lined; of rattan or of palm leaf, other. The duty rate will be 5 percent ad valorem.

Articles classifiable under subheading 4602.10.1600, HTSUSA, which are products of Pakistan or India 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 "T-GSP".

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 646-733-3035.


Robert B. Swierupski

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