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NY K89349




October 1, 2004

CLA-2-46:RR:NC:2:230 K89349

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.0900

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

RE: The tariff classification of a bamboo basket covered with roses from China

Dear Ms. Powell:

In your letter dated August 24, 2004 you requested a tariff classification ruling.

The product to be classified is a bamboo basket covered with artificial roses. A sample of the product, designated catalog number 050122, was submitted for our review. The sample consists of an oval basket measuring approximately 6” by 4” by 4” high and having an arching handle across the middle. The basket is made of interwoven bamboo strips. The exterior surface of the basket is covered with red fabric roses, which are permanently glued thereon. The basket has a removable fitted clear plastic liner and will be sold to florists for use in their floral arrangements.

A component material breakdown (assumed to be by value) submitted by you lists the roses as 80% and the bamboo as 20%. However, in this case, the essential character of this composite good is imparted by the bamboo because of the more important role the bamboo plays in the functioning of this product as a basket.

The applicable subheading for the bamboo basket covered with roses, catalog number 050122, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made from plaiting materials; of vegetable materials; other baskets and bags, whether or not lined, of bamboo, other. The rate of duty will be 10 percent ad valorem.

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.

Sincerely,

Robert B. Swierupski
Director,

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