CLA-2 CO:R:C:G  083184 JLJ 839142
TARIFF: NO.: 4420.90.8000; 9403.80.3080
          Mr. Steven Sauer
          Vice President
          Grand Basket Company, Inc.
          53-06 Grand Avenue
          Maspeth, New York  11378
          RE:  Wicker Shelves, Fern Trunks
          Dear Mr. Sauer:
                 You inquired about the tariff classifications under the
          Harmonized Tariff Schedule of the United States Annotated
          (HTSUSA) of certain wicker shelves and fern trunks.  You
          submitted descriptive brochures with pictures for both of these
          items.
          FACTS:
                 The wicker shelves consist of wicker frames with either
          wood shelf surfaces or woven wicker shelf surfaces.  In either
          case, wicker is the component which gives the shelves their
          essential character because the sides and backs are covered with
          wicker.  The shelves come in various sizes and shapes, the
          largest measuring approximately 16 inches long by 7-1/2 inches
          wide by 24 inches high.  They are designed to be hung on the wall
          or to be placed on top of a counter.  They are intended for use
          as bathroom accessories.
                 The fern trunks are covered on all surfaces with a
          flexible shoot, which is a wicker used in weaving baskets or
          certain articles of furniture.  Their essential character is the
          fern wicker material.  The trunks are rectangular in shape.  They
          have a wood top and bottom frame which is covered with fern.
          Metal hinges are attached for opening and closing the top.  Metal
          braces hold the different parts of the trunk together.  A metal
          housing secures the top of the trunk to the bottom.  There is a
          wood "foot" at each of the four bottom corners which is intended
          to support the trunk when it is placed on the floor.
-2-
                 The trunks come in two sizes.  The first is 32 inches long
          by 16-1/2 inches wide by 16-1/2 inches high.  The second is 36
          inches long by 20-1/2 inches wide by 20-1/2 inches high.
          ISSUE:
                 How are the wicker shelves and the fern trunks classified
          under the HTSUSA?
          LAW AND ANALYSIS:
                 The Explanatory Notes for Chapter 94, HTSUSA, which covers
          furniture, state that "...the Chapter excludes the following
          types of goods not designed for placing on the floor: small
          articles of cabinet-work and small furnishing goods of wood
          (heading 4420)...." We consider the instant small wicker shelves
          to be small furnishing goods of wood; therefore, they are covered
          by Heading 4420, which covers wooden articles of furniture not
          falling in Chapter 94, HTSUSA.  We note that the wicker is
          considered to be a wood for purposes of Chapter 44 by reason of
          Note 6 of Chapter 44, HTSUSA.
                 The Explanatory Notes for Chapter 94, HTSUSA, state that:
                      For the purposes of this chapter
                      the term "furniture" means:
                      (A) Any "movable" articles (not included under
                          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....
          The fern trunks meet this definition; therefore they are
          classifiable as furniture.
                 The Explanatory Notes for Heading 9403 state as follows:
                      This heading does not include:
                      (a)  Travelling chests, trunks and the like,
                           not having the character of furniture
                           (heading 4202)....
-3-
          We take this to mean that trunks having the character of
          furniture, as the instant fern trunks do, are classifiable in
          Heading 9403.
          HOLDING:
                 The instant wicker shelves are classified under the
          provision for wooden articles of furniture not falling within
          Chapter 94: other: other, in subheading 4420.90.8000, HTSUSA,
          dutiable at the rate of 5.1 percent ad valorem.
                 The fern trunks are classified under the provision for
          other furniture and parts thereof: furniture of other materials,
          including cane, osier, bamboo or similar materials: of cane,
          osier, bamboo or similar materials: other, in subheading
          9403.80.3080, HTSUSA, dutiable at the rate of 7.5 percent ad
          valorem.
                                        Sincerely,
John Durant, Director
                                        Commercial Rulings Division
jones library 083184JLJ
          6cc: Area Dir., N.Y. Seaport (NIS-233 and NIS-230)
          JLJohnson:peh:9/27/89