CLA-2 CO:R:C:G 086657 RFC

Mr. Steven Sauer
Grand Basket Co., Inc.
53-06 Grand Avenue
Maspeth, N.Y. 11378

RE: Modification of Headquarters Ruling Letter (HRL) 083184 and revocation of HRL 085191, both of which concern fern or wicker plaiting material trunks or chests

Dear Mr. Sauer:

In (HRL) 083184, dated September 28, 1989, you were issued a blinding tariff classification ruling under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for goods described as "fern trunks." In HRL 083184, the goods were classified under heading 9403. Subsequently, in HRL 085191, dated November 9, 1989, you were issued a ruling apparently for the same goods as in HRL 083184. In HRL 085191, however, these same goods were classified under heading 4602. Upon review and reconsideration, we have determined that the above-mentioned goods (i.e., "fern trunks") are properly classified under heading 9403.

FACTS:

The goods consist of trunks or chests with wood frames and bottoms which are then covered entirely with a fern or wicker plaiting material. The trunks or chests are designed primarily for use as decorative storage containers for placement on the floor of a private dwelling. They come in two sizes: 32 inches by 16 and 1/2 inches by 16 and 1/2 inches and 36 inches by 20 and 1/2 inches by 20 and 1/2 inches.

ISSUE:

Whether a trunk or chest made primarily of a fern or wicker plaiting material and designed primarily for use as a decorative storage container for placement on the floor of a private

dwelling should be classified under the HTSUSA as a furniture item or as a simple basket or other similar item that is made primarily from plaiting materials.

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is governed by the General Rules of Interpretation (GRI's). GRI 1 requires that classification be determined first according to the terms of the headings of the tariff and any relative section or chapter notes and, unless otherwise required, then according to the remaining GRI's, taken in order.

Subheading 9403.80 provides for "furniture of other materials, including cane, osier, bamboo or similar materials." The fern or wicker plaiting material of which the above-described goods are primarily constructed is such a "similar material" as discussed in subheading 9403.80.

Chapter note 2 to chapter 94 states, in part, that "[t]he articles...referred to in...[heading no. 9403]...are to be classified in...[this heading]...only if they are designed for placing on the floor or ground." Moreover, general note (4)(A) to the Explanatory Notes to chapter 94 states, in part, that furniture means "any 'movable' articles (not included under other more specific headings of the Nomenclature), which have the essential characteristic that they are constructed for placing on the floor or ground, and which are used, mainly with a utilitarian purpose, to equip private dwellings..." (emphasis in original). See also The Random House Dictionary of the English Language 575 (1983) (Furniture consists of articles, such as table, chairs, bedsteads, desks, and cabinets, required for use or ornament in a house, office or the like.) In the instant case, the above-described goods are merely decorative trunks or chests which are constructed primarily of a fern or wicker plaiting material and designed for placing on the floor in one's home to serve the utilitarian purpose of a storage container, much like any other storage trunk or chest. The goods are not designed for nor could they function as simple, easily movable baskets or hampers for the storing and transporting of such items as laundry, toys, or food (for which simple baskets and hampers are normally used). Therefore, the goods cannot be classified as simple baskets or hampers or the like.

Also of significance to the instant classification analysis are the Explanatory Notes to heading 9403, wherein the Notes state, in part, that heading 9403 does not include "[t]ravelling chests, trunks and the like, not having the character of furniture...." The corollary to this statement is that non- travelling type chests, trunks and the like, having the character

of furniture (i.e., designed for use merely as storage containers for other articles and not as luggage) should be classified under heading 9403. In the instant case, the above- described goods are clearly not intended for use as luggage or as containers for travelers' belongings. Rather, as discussed above, the goods have the character of furniture, and therefore, should be classified as such.

In light of the above, the above-described goods are properly classified under heading 9403 as they have the character of furniture and are not more specifically provided for within the HTSUSA.

HOLDING:

The above-described goods are properly classified under subheading 9403.80.3030, HTSUSA, which provides for furniture of other materials, including cane, osier, bamboo or similar materials, of cane, osier, bamboo, or similar materials, other, other. The rate of duty is 7.5 percent ad valorem.

Please note that although HRL 083184 correctly classified the above-described goods under subheading 9403.80.30, it incorrectly listed the statistical suffice as 9403.80.3080 instead of correctly as 9403.80.3030. In view thereof and of the above, HRL 083184 is hereby modified to the extent that it is inconsistent with this ruling letter and HRL 085191 is hereby revoked. See 19 C.F.R 177.9(d).

Sincerely,

John Durant, Director
Commercial Rulings Division