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NY K88973

September 16, 2004

CLA-2-46:RR:NC:2:230 K88973


TARIFF NO.: 4602.10.0900

Ms. M. Susan Lyons
Pier 1 Imports, Inc.
Import Compliance
P.O. Box 961020
Fort Worth, TX 76161

RE: The tariff classification of a bamboo tray with a mesh cover from Indonesia

Dear Ms. Lyons:

In your letter dated August 23, 2004 you requested a tariff classification ruling.

The ruling was requested on a product identified as a “Food Mesh Cover”, SKU # 2047851. A sample of the product was submitted, which will be returned to you as you requested.

The sample is a round tray with an attached rotating mesh cover. The tray is approximately 14” in diameter and 1-3/4” high. The bottom of the tray consists of interwoven narrow strips of bamboo and the sides consist of bent bamboo strips. The mesh cover is composed of polyester/cotton netting. The netting is fixed onto five bamboo strips that arch over the tray. The arching strips are attached to the sides of the tray with metal screws and coconut buttons in a manner which allows them to pivot. The tray is designed to keep insects away while holding food. The tray is a basket-like container, the essential character of which is imparted by the bamboo.

The applicable subheading for the “Food Mesh Cover”, SKU # 2047851, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork and other articles made from plaiting materials, of vegetable materials; other baskets and bags, whether or not lined, of bamboo, other. The duty rate will be 10 percent ad valorem.

Articles classifiable under subheading 4602.10.0900, HTSUSA, which are products of Indonesia may be entitled to duty free treatment under the Generalized System of Preferences (GSP) upon compliance with all applicable regulations. The GSP is subject to modification and periodic suspension, which may affect the status of your transaction at the time of entry for consumption or withdrawal from warehouse. To obtain current information on GSP, check our Web site at www.cbp.gov and search for the term "GSP".

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 U.S. Customs and Border Protection (CBP) 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 CBP.

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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