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NY L87165

September 16, 2005

CLA-2-46:RR:NC:2:230 L87165


TARIFF NO.: 4602.90.0000

Ms. Geri Davidson
The Container Store
500 Freeport Parkway
Coppell, TX 75019

RE: The tariff classification of nested woven plastic bins from Thailand

Dear Ms. Davidson:

In your letter, which was received in our office on August 29, 2005, you requested a tariff classification ruling.

The ruling was requested on a set of two nested woven nylon bins, SKU# 10028786. The sets are available in three assorted colors. A sample of one set was submitted. The samples consist of rectangular baskets with openings in the two end sides for use as handles. The baskets are constructed of interwoven 12 mm wide plastic strips and reinforced with a metal wire rim. The plastic strips are embossed with a lattice pattern and alternate in white and pink colors. The two nested baskets are sold together and measure 12-1/4” wide x 17-1/2” long x 8-1/2” high and 11-1/4” wide x 16-1/8” long x 8” high.

The applicable subheading for the nested woven nylon bins, SKU# 10028786, will be 4602.90.0000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles made from plaiting materials, other (than of vegetable materials). The duty rate will be 3.5 percent ad valorem.

Articles classifiable under subheading 4602.90.0000, HTSUSA, which are products of Thailand 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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