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NY K82502

February 9, 2004
CLA-2-46:RR:NC:2:230 K82502


TARIFF NO.: 4602.10.1200; 9403.80.3030

Ms. Marcela Cordero
Wicker and Company
5 East Ave., Apt 5G
Larchmont, NY 10538

RE: The tariff classification of willow baskets and magazine holders from Chile

Dear Ms. Cordero:

In your letter, which was received on January 20, 2004, you resubmitted your request for a tariff classification ruling.

The ruling was requested on products referred to as wicker decorations. You furnished additional information identifying the products and the materials they are made of. A sample of a miniature basket and photographs of the products were submitted.

The products consist of a miniature basket, a large round jar, a set of large baskets with handles, a cup shaped napkin holder, a basket type tissue holder, a medium sized basket, a tray with divided compartments for glasses and a floor standing magazine holder. The products are made of interwoven willow strips. Some willow strips have a darker color, which as you explained, is the result of boiling the willow. Some of the products are decoratively trimmed with sisal twine along the edges and around the center.

The applicable subheading for the miniature basket, the round jar, the set of large baskets, the cup shaped napkin holder, the basket type tissue holder, the medium sized basket and the tray with divided compartments will be 4602.10.1200, Harmonized Tariff Schedule of the United States (HTSUS), which provides for basketwork, wickerwork and other articles made from plaiting materials; other baskets and bags, whether or not lined, of willow. The rate of duty will be 5.8 percent ad valorem.

General Note 26, HTSUS, sets forth the requirements for preferential tariff treatment pursuant to the United States-Chile Free Trade Agreement (UCFTA). If your product is an originating good of Chile, as defined in General Note 26, HTSUS, and all other legal requirements are met, the duty rate will be free.

The applicable subheading for the magazine holder will be 9403.80.3030, HTSUS, which provides for other household furniture, of cane, osier, bamboo or similar materials. 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 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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