CLA-2-63:OT:RR:NC:N3:351

William L. Crain
Import Manager
American Cargo Express
200 Scott Street
Elk Grove, IL 60007

RE: The tariff classification of a shelf basket and a floor basket from China

Dear Mr. Crain:

In your letter dated February 17, 2009, you requested a tariff classification ruling on behalf of your client, HMS Mfg. Co., of Troy Michigan.

The submitted samples are a shelf basket and a floor basket. Both of them are open baskets that are constructed of 600 denier polyester woven textile fabric (exterior portion) and polypropylene nonwoven fabric (interior portion) over paperboard stiffener. The shelf basket measures approximately 12¼”W x 12¼”L x 6”H. The floor basket measures approximately 12¼”W x 12¼”L x 12¾”H. Both baskets feature sloping sides and cut-out handles/grips on their opposite ends/sides.

The applicable subheading for the shelf basket will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.

The applicable subheading for the floor basket will be 9403.89.6010, HTSUS, which provides for other furniture and parts thereof: Furniture of other materials, including cane, osier, bamboo or similar materials: Other: Other, Household. The rate of duty will be Free.

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/.

The samples will be returned as requested.

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 Mitchel Bayer at (646) 733-3102.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division