CLA-2-46:OT:RR:NC:4:434
Lawrence Gbidi
Lawrence Quist Gbidi
18 Kenai Pl.
Indian Head, MD 20640
RE: The classification, country of origin, and marking of baskets and totes from Ghana
Dear Mr. Gbidi:
In your letter, dated August 18, 2023, you requested a classification, country of origin, and marking ruling on various handmade baskets and totes. A detailed description of the manufacturing operations and photos of the items were submitted for our review.
The products to be imported are all handmade Bolga baskets and totes woven with various designs from elephant grass, Pennisetum purpureum. The handles are covered with cured and dyed goat leather to provide strength and durability. Per your submission, Bolga baskets are traditional African baskets. You presented photos and descriptions of five different styles:
1. The Classic Oval Shopper is a tote that features two looped handles at the top for easy carrying and measures approximately 18.5” in length by 9” in width by 10.6” in height. The sides are flexible, and it has no closure. The bag is advertised as being a “great beach/swimming basket for the family, or for your market shopping” and for teachers “for their books, folders and laptops.”
2. The Laundry/Storage Basket 13 is a round basket that measures approximately 17.3” in diameter by 19.3” high. It has rigid sides and double fixed loop handles. It is open at the top with no lid.
3. The Bolga Market Basket 12 is a round, rigid basket that tapers slightly smaller at the base. It measures approximately 16.5” in diameter by 9.8” high. A fixed single handle arches across the top. It is open at the top with no lid.
4. The U-Shopper 02 is a woven tote with sides that taper higher on the ends than in the middle. It measures approximately 17” in length by 11” in width by 11.8” in height at its highest point on the ends. It features two round handles at the top and hand-stitched leather around the rim. The sides are flexible, and it has no closure. The advertising states that the “double handle and narrow profile make it portable and accessible.”
5. The Cosmo Mesh Tote Basket is a tote bag that features an open weave and measures approximately 18.11” in length by 7.8” in width by 15” in height with rounded bottom corners and handles at the top. The sides are flexible, it is open at the top, and has no closure.
First, we will address tariff classification.
Note 1 of Chapter 46, Harmonized Tariff Schedule of the United States (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 elephant grass comprising the body of the items under consideration meets the definition of plaiting materials.
The applicable subheading for Item 2, the Laundry/Storage Basket and Item 3, The Bolga Market Basket, will be 4602.19.1800, HTSUS, which provides for Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from the articles of heading 4601…: Of vegetable materials: Other: Other baskets and bags, whether or not lined: Other: Other. The rate of duty will be 4.5 percent ad valorem.
The applicable subheading for Item 1, The Oval Shopper, Item 4, The U-Shopper, and Item 5, The Cosmo Mesh Tote Basket, will be 4602.19.2940, HTSUS, which provides for Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from the articles of heading 4601…: Of vegetable materials: Other: Luggage, handbags and flatgoods, whether or not lined: Other: Other.” The duty rate will be 5.3 percent ad valorem.
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 the World Wide Web at https://hts.usitc.gov/current.
You also requested a country of origin determination for the purposes of marking. In your letter you state that the Elephant Grass is grown in Ghana where it is harvested. The inner stems are separated, discarding any shaft and seeds. The stems are sun-dried, split lengthwise, and rolled to produce a twisted length of grass with improved strength. The twisted stems are soaked in boiling water and dyed (if desired), then cooled before weaving. The leather trims, also sourced in Ghana, are then attached. All processes of manufacture occur in Ghana.
Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. 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 U.S. the English name of the country of origin of the article.
Part 134, U.S. Customs and Border Protection (“CBP”) Regulations (19 C.F.R. Part 134), implements the country of origin marking requirements of 19 U.S.C. § 1304. Title 19, Section 134.1(b) defines “country of origin” as “the country of manufacture, production, or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the ‘country of origin’ within the meaning of this part; ….”
Ghana qualifies as the country of manufacture, production or growth for the Bolga baskets and totes. When imported into the United States, the country of origin of these products for marking purposes will be Ghana.
You further inquire about country of origin marking for your baskets and totes. As stated above, Section 304 of the Tariff Act of 1930 (19 U.S.C. 1304), provides that unless excepted, every article of foreign origin imported into the U.S. 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 U.S. the English name of the country of origin of the article.
In this case each basket and tote must be marked with a label or tag indicating Ghana as the country of origin in a manner that is conspicuous, legible, indelible, and permanent. No samples of proposed marking were provided for our opinion.
This ruling does not address trade agreement eligibility.
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 Title 19, Code of Federal Regulations (CFR), Section 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, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by 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 Charlene Miller [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division