CLA-2-46:RR:NC:2:230 R03744

Mr. Troy D. Crago
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of water hyacinth boxes from Vietnam

Dear Mr. Crago:

In your letter dated April 17, 2006 you requested a tariff classification ruling.

The ruling was requested on a set of three different sizes of water hyacinth boxes, item # B038ZA08041. A photograph of one of the boxes was submitted. The box is a rectangular container with a lid. It is made of water hyacinth leaves, which are interwoven together over a frame of either wood or whole bamboo cane. The boxes will be imported in the following sizes: 22.05” L x 15.35” W x 14.17” H, 19.69” L x 12.99” W x 12.2” H and 17.32” L x 10.63” W x 10.24” H.

The applicable subheading for the water hyacinth boxes, item # B038ZA08041, will be 4602.10.1800, Harmonized Tariff Schedule of the United States (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 baskets and bags, whether or not lined: Other (than bamboo, willow, rattan or palm leaf): Other (than wickerwork). The rate of duty will be 4.5 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 World Wide Web at http://www.usitc.gov/tata/hts/.

Importation of these products may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:

U.S. Department of Agriculture A.P.H.I.S., PPQ 4700 River Road, Unit 136 Riverdale, MD 20737

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