CLA-2-46:OT:RR:NC:2:230
Mr. Scott Burd
Maersk Customs Services, Inc.
230-79 International Airport Center Blvd.
Jamaica, NY 11413
RE: The tariff classification of a utensil caddy and a tray of water hyacinth from China
Dear Mr. Burd:
In your letter dated October 6, 2008, on behalf of the importer, Amscan Inc., you requested a tariff classification ruling.
The ruling was requested on a utensil caddy and a tray made of water hyacinth. Samples of the products were submitted for our review.
The utensil caddy consists of three cup-shaped baskets arranged around and attached to a common wood handle in the center. Each basket measures 4 ½” tall x 4” in diameter and is constructed of interwoven braided strips of water hyacinth. An invisible wire frame reinforces the baskets.
The tray is a rectangular holder measuring approximately 18” x 12” with shallow ¾” high sides. It is constructed of interwoven flattened stalks of water hyacinth, reinforced by an invisible wire frame. Two wooden rods attached to the ends function as handles.
The applicable subheading for the water hyacinth utensil caddy, described above, will be 4602.19.1800, 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: Other (than of willow or palm leaf): Other (than wickerwork). The duty rate will be 4.5 percent ad valorem.
The applicable subheading for the water hyacinth tray, described above, will be 4602.19.8000, 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 (than baskets, bags, luggage, handbags or flatgoods): Other (than of willow or wood): Other (than wickerwork). The duty rate will be 2.3 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/.
The samples submitted were not marked with the country of origin. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.
Importation of these products may be subject to import regulations administered by the U.S. Department of Agriculture (U.S.D.A.). Information regarding applicable regulations administered by the U.S.D.A. may be addressed to that agency at the following location:
U.S. Department of Agriculture
A.P.H.I.S., PPQ
4700 River Road, Unit 136
Riverdale, MD 20737
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