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NY I81120

May 3, 2002

CLA-2-46:RR:NC:SP:230 I81120


TARIFF NO.: 4602.90.0000

Mr. Brian Kavanaugh
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 225
Rouses Point, NY 12979

RE: The tariff classification of a woven plastic basket from China.

Dear Mr. Kavanaugh:

In your letter dated April 17, 2002, you requested a tariff classification ruling on behalf of your client, Burlington Toiletries (Lachine, PQ, Canada).

A sample identified as a “plastic box” was submitted for our examination. It is actually an open rectangular basket measuring approximately 4” x 7” x 4½”(H). Except for the upper rim, which is reinforced by a hidden metal-wire frame, the basket is made entirely of flexible, interwoven plastic strips. The individual strips, which have textured, embossed surfaces and which are said to be composed of a polyethylene/polypropylene blend, are about 13 mm wide.

You state that these articles will be imported empty, and will be used to package your client’s products. You suggest that they are classifiable in subheading 3923.10, Harmonized Tariff Schedule of the United States (HTS), which provides for articles for the conveyance or packing of goods, of plastics.

However, products woven from flexible plastic strips exceeding 5 mm in width are considered articles of plaiting materials, as provided for in Chapter 46, HTS. (See Harmonized General Explanatory Notes, Chapter 46.) Plaited articles of Chapter 46 are in turn excluded from Chapter 39, HTS. (See Note 2(k) of Chapter 39, HTS.)

Accordingly, the applicable subheading for the baskets will be 4602.90.0000, HTS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (not of vegetable materials). The rate of duty will be 3.5%. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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.

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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