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NY I83299

July 16, 2002

CLA-2-46:RR:NC:2:230 I83299


TARIFF NO.: 4602.10.0900; 6702.10.2000

Ms. Cheryl Santos
CVS/ Pharmacy
One CVS Drive
Woonsocket, RI 02895

RE: The tariff classification of artificial fruit in a bamboo basket from China

Dear Ms. Santos:

In your letter dated June 7, 2002 you requested a tariff classification ruling.

The ruling was requested on CVS item # 188194, “Artificial Pears & Apples in a Basket.” A sample of the item was submitted and will be returned to you as you requested.

The sample consists of a cellophane wrapped oval shaped basket filled with artificial fruit. The basket measures approximately 14” long by 11” wide by 6-1/2” high. It is made of interwoven strips of bamboo and has two braided straw handles. The fruit consists of pears and apples in realistic shapes and sizes. They are made of foam and have a shiny colored plastic outer covering. A plastic stem and a gold fabric loop are also attached.

You state that CVS/Pharmacy will sell the fruit only. The basket will only be used to display the fruit in the stores. However, you confirmed that the basket will be imported together with the fruit exactly as shown by the sample. Bamboo baskets are separate articles of commerce; they are not considered packing material. Therefore, they are classifiable separately.

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

The applicable subheading for the artificial pears and apples will be 6702.10.2000, HTSUSA, which provides for artificial flowers, foliage and fruit and parts thereof; of plastics, assembled by binding with flexible materials such as wire, paper, textile materials, or foil, or by gluing or by similar methods. The rate of duty will be 8.4 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 646-733-3035.


Robert B. Swierupski

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