CLA-2-46:OT:RR:NC:2:230

Ms. Rita M. Powell
FTD, Inc.
3113 Woodcreek Drive
Downers Grove, IL 60515

RE: The tariff classification of a palm leaf floral container from China

Dear Ms. Powell:

In your letter dated August 29, 2008 you requested a tariff classification ruling.

The ruling was requested on a palm leaf floral container, article # 0912. A sample of the product was submitted. The sample is a purse-like basket measuring approximately 5” tall, not including the two stiff upright 3 ½” high handles. The basket is rectangular with tapered sides. It measures approximately 6 ¾” x 4 ¾” at the top and 7 ½” x 5 ½” at the bottom. The basket is wide open at the top and has no closures. It is made of interwoven strips of palm leaf. It is not lined with any material and has no pockets or any other enclosures. The container will be used by florists in their floral arrangements.

The applicable subheading for the palm leaf floral container, article # 0912, will be 4602.19.1600, Harmonized Tariff Schedule of the United States (HTSUS), which provides for: Basketwork, wickerwork and other articles, made directly to shape from plaiting materials or made up from articles of heading 4601: Of vegetable materials: Other (than of bamboo or rattan): Other baskets and bags, whether or not lined: Of palm leaf: Other (than wickerwork). The rate of duty will be 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