CLA-2-46:OT:RR:NC:2:230
Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011
RE: The tariff classification of a “Hanging Rattan Planter” from China
Dear Ms. Aldinger:
In your letter dated October 4, 2010 you requested a tariff classification ruling regarding a wooden planter described as “Hanging Rattan Planter”, item # 9013448. A sample of the merchandise was submitted with your ruling request. The sample was sent to our Customs and Border Protection Laboratory for analysis. Our laboratory has now completed its analysis.
According to your letter, the item is a round hanging rattan planter measuring 14” in diameter. The planter is composed of a half circular steel wire frame. The wire frame is covered by a vine- like wood material. A sewn in plastic liner covers the interior of the planter. Three steel link chains that are attached to an “S” hook are placed around the edge of the planter for hanging. The items intended use will be for indoor/outdoor planting.
Our Customs and Border Protection Laboratory has verified the composition of the “Hanging Rattan Planter”. The outer material has an anatomical structure of a vine plant. Our laboratory verified that no features consistent with rattan wood were found throughout the sample.
General Rule of Interpretation 3(b) states as follows:
Mixtures, composite goods consisting of different materials or made up of different components, and goods put up in sets for retail sale, which cannot be classified by reference to 3(a), shall be classified as if they consisted of the material or component which gives them their essential character, insofar as this criterion is applicable.
The subject rattan planter is considered a composite good within the meaning of GRI 3(b). It consists of two materials, a steel wire frame and vine-like wood material. The vine-like material which provides the greater visual impact imparts the essential character of the “Hanging Rattan Planter”.
Chapter Note 1 of Chapter 46, HTSUS, states as follows:
In this chapter the expression "plaiting materials" means materials in a state or form suitable for plaiting, interlacing or similar processes; it includes straw, osier or willow, bamboos, rattans, rushes, reeds, strips of wood, strips of other vegetable material (for example, strips of bark, narrow leaves and raffia or other strips obtained from broad leaves), unspun natural textile fibers, monofilament and strip and the like of plastics and strips of paper, but not strips of leather or composition leather or of felt or nonwovens, human hair, horsehair, textile rovings or yarns, or monofilament and strip and the like of chapter 54.
The vine-like wood material, which completely covers the outer surface of the planter, meets the definition of "plaiting materials." The item is classifiable in heading 4602. This material constitutes “wickerwork”, which is commonly defined as flexible vegetable material, typically in the form of twigs or rods, in contrast to strips, filaments, parts of leaves, etc.
The applicable subheading for the “Hanging Rattan Planter” will be 4602.19.1700, HTSUS, 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 (than of bamboo or rattan): Other baskets and bags, whether or not lined: Other (than of willow or palm leaf): Wickerwork. The rate of duty will be free.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Laurel Duvall at (646) 733-3035.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division