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NY L88189

November 3, 2005

CLA-2-46:RR:NC:2:230 L88189


TARIFF NO.: 4602.10.1400

Ms. Shirley Schmidt
Import Compliance
Pier 1 Imports (U.S.), Inc.
100 Pier 1 Place, Suite 1600
Fort Worth, TX 76161

RE: The tariff classification of a vase shaped basket from Indonesia

Dear Ms. Schmidt:

In your letter dated October 17, 2005 you requested a tariff classification ruling.

The ruling was requested on a product described as a crazy weave basket vase, sku # 2106206. A picture of the product was submitted. A sample of a similar product was submitted to show the composition and construction, which is stated to be the same as the product to be classified. The sample will be returned to you as you requested.

The subject basket vase is a spherical container with overall dimensions of 20-3/4” high x 20” diameter (at its widest point, in the middle). The opening at the top measures 6-1/4” in diameter. The basket vase is made of slender rattan rods woven in a “crazy” multidirectional manner over an iron frame. Some open spaces remain in the weave, and therefore, the product is not usable as a vase. You state that the product is intended to be used as a home decoration. However, the product is a basket, which may be used to hold things.

The vase shaped basket consists of two materials, rattan rod and iron rod. General Rule of Interpretation 3(b), Harmonized Tariff Schedule, states that composite goods consisting of different materials shall be classified according to the material which imparts the essential character. The essential character of the basket is imparted by the rattan. The rattan plays the more important role in making the basket. Although the iron provides a basic frame and support for the basket, the rattan provides the essential and most visible part of the basket.

You inquired whether the product would be classified as “wickerwork” at the subheading level under heading 4602, Harmonized Tariff Schedule. Rattan in the form of rods or twigs is considered to be wickerwork.

The applicable subheading for the crazy weave basket vase, sku # 2106206, will be 4602.10.1400, 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 rattan or of palm leaf, wickerwork. 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 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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