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NY J87496

August 12, 2003

CLA-2-46:RR:NC:SP:230 J87496


TARIFF NO.: 4602.10.1700

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a vine basket from China.

Dear Ms. Powell:

In your letter dated July 14, 2003, you requested a tariff classification ruling.

A sample of a small open basket (item #040324) intended for florists’ arrangements was submitted for our examination. It has a round, slightly tapered shape, with a diameter of approximately 4½” at the base and 6” at the rim. Its body is 5” high, but there is a fixed handle that arches an additional 7” above the rim. The basket is made almost entirely of interwoven rod-like pieces of vegetable material identified as “passion vine” (Passiflora spp.). The handle, however, appears to consist of such vines wrapped around a bent strip of bamboo.

The applicable subheading for the #040324 vine basket will be 4602.10.1700, 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 baskets and bags, whether or not lined: other (than of certain enumerated vegetable materials): wickerwork. The rate of duty will be free.

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 Bureau of Customs and Border Protection.

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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