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NY J84670




June 2, 2003

CLA-2-46:RR:NC:SP:230 J84670

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

Ms. Irene Kwok c/o Mr. Zakir Ally
Concept 3 Ltd./ CDP Asia Ltd.
12 W. 57th Street, 5th floor
New York, NY 10019

RE: The tariff classification of a bamboo drawstring basket from China.

Dear Ms. Kwok:

In your letter dated May 2, 2003, you requested a tariff classification ruling.

A sample of a drawstring basket, style C-83307A, was submitted for our examination. The basket, which is made of narrow, sparsely interwoven strips of bamboo, has the shape of a slightly flattened cylinder measuring about 3 inches in diameter by 6 inches in height. The top (open) end incorporates a cotton textile fabric collar with a drawstring closure.

You did not provide any information as to the intended use of this article. However, it appears to be the type of container sometimes used for gift packaging or marketing merchandise.

The applicable subheading for the style C-83307A open-weave drawstring basket will be 4602.10.0900, Harmonized Tariff Schedule of the United States (HTS), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: of vegetable materials: other (than certain enumerated) baskets and bags, whether or not lined, of bamboo. The rate of duty will be 10%.

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.

Sincerely,

Robert B. Swierupski
Director,

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