CLA-2-46:RR:NC:2:230 L84971

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

RE: The tariff classification of a woven rattan basket from Vietnam

Dear Ms. Manuel:

In your letter dated May 12, 2005 you requested a tariff classification ruling.

The ruling was requested on a woven rattan basket. A sample was submitted. The sample is an open rectangular basket having flared out sides and rounded corners. It measures approximately 11” long x 8” wide x 5-1/2” high. It is constructed of long rattan rods wound around to shape. The rattan rods are interwoven with narrow rattan strips. The essential character is imparted by the rattan rods, which play the greater role in making and shaping the basket. The rattan strips play a secondary role in binding the rattan rods together.

The applicable subheading for the woven rattan basket represented by the sample 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; 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.


Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division