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NY K81944




December 19, 2003

CLA-2-56:RR:NC:N3:351 K81944

CATEGORY: CLASSIFICATION

TARIFF NO.: 5609.00.0020

Mr. Dennis Morse
BDP Int'l, Inc.
2721 Walker Ave., N.W.
Grand Rapids, MI 49504

RE: The tariff classification of an abaca basket from The Philippines.

Dear Mr. Morse:

In your letter dated Dec. 4, 2003, you requested a ruling on behalf of Meijer Distribution on tariff classification.

You submitted a sample of item # 89210, a basket made of abaca cord. The basket is lined with a removable fabric liner; however, the basket’s structural integrity and essential character are determined by the abaca.

You have suggested that the proper classification of this basket is 4602.10.18, Harmonized Tariff Schedule of the United States (HTS), as "Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; articles of loofah: Of vegetable materials: Other baskets and bags, whether or not lined: Other: Other."

We have determined that the abaca is in the form of twisted cord of heading 5607, HTS, not plaiting materials of heading 4601, HTS.

The applicable subheading for the basket will be 5609.00.2000, HTS, which provides for articles of . . . twine, cordage, rope or cables, not elsewhere specified or included: Of vegetable fibers, except cotton. The general rate of duty in 2003 will be 0.4 percent ad valorem; in 2004 the rate will be Free

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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