The tariff classification of a metal framed storage container made of plastic monofilament from China

N094580 March 15, 2010 CLA-2-46:OT:RR:NC:2:230 CATEGORY: Classification TARIFF NO.: 4602.90.0000 Mrs. Vicki Roye Kuehne + Nagel, Inc 4985 Outland Center Drive Memphis, TN 38118 RE: The tariff classification of a metal framed storage container made of plastic monofilament from China Dear Mrs. Roye: In your letter dated February 12, 2010 you requested a tariff classification ruling on behalf of your client, Earle Industries. The ruling was requested on a plastic storage container. A sample of the plastic storage container was submitted for our review. The product is an open square container measuring approximately 9 ½” (h) x 12 ½” (w) x 14 ½” (L). The storage container consists of a metal wire frame that has been filled with interwoven plastic monofilament creating the sides and bottom of the container. The plastic monofilament is 3 mm in diameter. Two metals handles are shown on each side. The intended purpose for the plastic container is for household use in the storage of goods. Chapter 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 plastic interwoven monofilaments, which completely cover the outer surface of the storage container, meets the definition of “plaiting materials.” The plastic storage container is classifiable in heading 4602, HTSUS. The applicable subheading for the plastic storage container will be 4602.90.0000, HTSUS, which provides for basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: other (than of vegetable materials). The rate of duty will be 3.5 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/. 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