The tariff classification of a set of eight nesting bamboo baskets from China

NY H80971 May 23, 2001 CLA-2-46:RR:NC:2:230 H80971 CATEGORY: Classification TARIFF NO.: 4602.10.0900 Ms. Pilar Dorfman E. Besler & Co. P.O. Box 66361 Chicago, IL 60666-0361 RE: The tariff classification of a set of eight nesting bamboo baskets from China Dear Ms. Dorfman: In your letter dated April 27, 2001, on behalf of LTD Commodities Inc., you requested a tariff classification ruling. The ruling was requested on a set of eight baskets designated item code MHV. Samples of the baskets and an advertising brochure were submitted. The samples will be returned to you as you requested. The samples consist of eight round nesting baskets ranging in size from 5-1/2” in diameter by 5-3/4” high for the smallest to 12-1/2” in diameter by 11-1/2” high for the largest. The baskets are made of interwoven strips of bamboo. Interlaced on the outside for decorative effect are rows of straw braids. The number of straw braids increases with the size of the basket. The samples consist of bamboo strips finished with a dark stain; the baskets in the brochure have a light colored finish and may consist of different materials. The applicable subheading for the set of eight baskets, item MVH, as represented by the samples and made of interwoven bamboo strips, will be 4602.10.0900, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, made directly to shape from plaiting 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 and as represented by the samples. 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 Customs 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 Customs Service. 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 212-637-7009. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division