NY 816506: The tariff classification of plaited baskets (fern, bamboo) from China.

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                          
	NY 816506

	December 1, 1995

CLA-2-46:RR:NC:GI:230 816506  

CATEGORY:  Classification

TARIFF NO.: 4602.10.1800  

Ms. Jennifer Lorentz
Midwest of Cannon Falls, Inc.
P.O. Box 20
Cannon Falls, MN 55009-0020

RE:  The tariff classification of plaited baskets (fern, bamboo)        from China.

Dear Ms. Lorentz:

	In your letter dated September 28, 1995, together with an undated follow-up submission received here on November 7, you requested a tariff classification ruling.

	A sample identified as a "Bamboo Basket" (Item 15923-1) was submitted and will be retained for reference.  It is a small, multicolored open basket, about 2" in height and 3" in diameter, made of interwoven pieces of fern (midribs) and flat strips of bamboo.  The basket, which also features an arching handle, will be sold in assortments of six pieces.

	You have indicated that the amounts of fern and bamboo are equal, in terms of both weight and value.  However, although the bamboo contributes to the basket's appearance, we find that the fern provides the basic structure and can be said to impart the essential character of this composite article.  

	Accordingly, the applicable subheading for the "Bamboo Basket" (Item 15923-1) will be 4602.10.1800, Harmonized Tariff Schedule of the United States (HTS), which provides for other (than certain enumerated) baskets and bags, whether or not lined, of vegetable plaiting materials.  The rate of duty will be 4.5%.

	This ruling is being issued under the provisions of Section 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) 466-5779.


                          		Sincerely,


                                   
  
                         		Roger J. Silvestri
	                         	Director
	                         	National Commodity
                                   Specialist Division