The tariff classification of decorative rattan baby carriage baskets from China

NY G88366 March 30, 2001 CLA-2-46:RR:NC:2:230 G88366 CATEGORY: Classification TARIFF NO.: 4602.10.1600 Mr. Joseph R. Hoffacker Barthco Trade Consultants, Inc. 7575 Holstein Avenue Philadelphia, PA 19153 RE: The tariff classification of decorative rattan baby carriage baskets from China Dear Mr. Hoffacker: In your letter dated March 5, 2001, on behalf of the importer Consolidated Stores Inc., you requested a tariff classification ruling. The ruling was requested on item # M510, an assortment of two decorative containers in the form of baby carriages. Samples of two baby carriages were submitted, and they will be returned to you as you requested. The samples consist of baby carriages finished in different colors, white and natural. Each measures approximately 11” high by 10” wide by 6” deep. Each is composed of a basket put on top of a metal wheel mount with wood wheels. Attached to one end of the top of the basket is a hood made of arched metal strips and covered with textile lace fabric. Attached to the other end are metal handles. The inside of the carriage basket is lined with textile fabric. The baby carriages are decorative but also functional as containers. The essential character of each baby carriage is imparted by the basket portion because of the role it plays in the functioning of the product. The basket is made of interwoven strips and rods of a material stated to be rattan. The rattan strips cover a greater area of the basket than the rattan rods. The applicable subheading for the baby carriage baskets, item #M510, will be 4602.10.1600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for articles made from plaiting materials, other baskets and bags, whether or not lined, of rattan or of palm leaf, other. The rate of duty will be 5 percent ad valorem. 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