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NY L88230




November 10, 2005

CLA-2-46:RR:NC:2:230 L88230

CATEGORY: CLASSIFICATION

TARIFF NO.: 4602.10.1800

Ms. Traci Manuel
Virgo III, Ltd.
766 Knox Court
Yardley, PA 19067

RE: The tariff classification of a woven wood basket from China

Dear Ms. Manuel:

In your letter dated October 25, 2005 you requested a tariff classification ruling.

The ruling was requested on a basket made of wood of the species Metasequoia glyptostroides. A sample of the product was submitted. It consists of a round woven wood basket with a pivoting handle. The basket measures approximately 5” high and 10-1/2” in diameter at the top, which tapers to 7-3/4” in diameter at the bottom. The bottom of the basket is composed of a continuous sheet of wood. The handle and the rim of the basket are composed of bent wood and are attached to the basket with nails. The main body of the basket is made of interwoven strips of wood. The horizontal strips are dyed various colors, while the vertical strips are a natural wood color. You state that the basket will be sold to one of your customers, who will use the basket to hold chocolate candy for the Easter holidays.

The applicable subheading for the woven wood basket described above will be 4602.10.1800, 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, other. The rate of duty will be 4.5 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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