The tariff classification of a woven rattan basket with a fabric lining and drawstring closure from China

NY H84205 August 15, 2001 CLA-2-46:RR:NC:2:230 H84205 CATEGORY: Classification TARIFF NO.: 4602.10.1400 Ms. Traci Manuel Virgo III 766 Knox Court Yardley, PA 19067 RE: The tariff classification of a woven rattan basket with a fabric lining and drawstring closure from China Dear Ms. Manuel: In your letter dated July 30, 2001 you requested a tariff classification ruling. The ruling was requested on a woven rattan basket, a sample of which was submitted. The sample consists of an oval basket approximately 8 inches long by 4 inches wide by 4-1/2 inches high. The basket is made of interwoven rattan rods. It is lined with fabric and has an extended nylon fabric top with a drawstring closure. It has a handle made of cotton. The basket will be used for gift packaging retail goods. The applicable subheading for the woven rattan rod basket with a drawstring closure will be 4602.10.1400, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601; 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. We note that the sample was not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304) requires that unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article. 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 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