CLA-2-46:S:N:N3:230 812625
Ms. Barbara Sherman
Lost World Arts
120 E. McKellips Rd.
Tempe, AZ 85281
RE: The tariff classification of baskets, mats and brooms from
Venezuela; articles of vegetable plaiting materials.
Dear Ms. Sherman:
In your letter dated June 29, 1995, you requested a tariff
classification ruling.
You divided the merchandise in question into five categories,
as described below:
Category I includes several types of coiled baskets. Some of
these, made by the Warao tribe, are identified as "platos,"
"paneras" and bowls. "Platos Planos," which range from about 4" to
12" in diameter, can function as "hot plates." "Paneras," which
are round or oval and slightly bowl-shaped, sometimes have handles
and are made to serve bread; they usually range from 9" to 24" in
length. The Waraos also make curved bowls, some of which are
constructed with integrally coiled bases functioning as stands.
All of these Warao items are said to be made of bundled, wrapped
fibers of moriche palm (Mauritia flexuosa L.).
The Churripaco tribe makes waste baskets, hot plates and bowl-
shaped baskets out of chici-chici (Leopoldinia piassaba, of the
Palmae family). The chici-chici is bundled and the coils are
stitched in place with chici-chici. Sometimes these are decorated
with mamure, a light colored natural fiber which contrasts with the
dark brown of the chici-chici.
Also mentioned are moriche palm bowls and paneras made by the
Piapoco and Guajibo tribes. These are said to be more colorful,
but less finely crafted, than those of the Warao.
The applicable subheading for the "platos planos" or "hot
plates," which from your description and drawings are assumed to be
completely flat, with no lip, will be 4601.20.9000, Harmonized
Tariff Schedule of the United States (HTS), which provides for
other (than certain enumerated) plaited mats, matting and screens
of vegetable materials. The rate of duty will be 8%.
The applicable subheading for all of the other Category I
items described above will be 4602.10.1600, HTS, which provides for
other baskets and bags of vegetable plaiting materials, whether or
not lined, of rattan or of palm leaf. The rate of duty will be 7%.
Category II consists of hammocks or "chinchorros." The Warao
are said to be famous for their hammocks made of moriche palm
fibers woven into various mesh patterns. Other tribes make
hammocks from cumare palm leaf (Astrocaryuim tucuma), bejuco
(Liana) or corteza (Anaxagorea sp.). The articles range from
approximately six to ten feet in length.
Your inquiry does not provide enough information for us to
give a classification ruling on these hammocks. Your request
should preferably include samples of the mesh used to make them, or
clear, close-up photos showing the construction of such mesh,
together with a step-by-step description of exactly how the fibers
are processed into same. You should also verify our assumption
that these hammocks are not equipped with their own stands, and
must be hung from trees or the like. Any questions concerning
these requirements should be directed to National Import Specialist
Paul Garretto, who can be reached at (212) 466-5779.
Category III consists of purses and backpacks. Again, your
inquiry does not provide enough information for us to give a
classification ruling on these items. Your request should include
samples and an English description of material composition. If the
items are of textile, a breakdown by weight of component fibers as
found in the fabric is necessary. Any questions regarding these
requirements should be directed to National Import Specialist Kevin
Gorman, who can be reached at (212) 466-5893.
(If you decide to send in the additional information needed
for a ruling on categories II and III, it is suggested that you
make two separate submissions, since the products will likely be
assigned to different National Import Specialists.)
Category IV consists of open-weave plaited clothes baskets
made of strips of tirita of the Marantaceae family (Ischnosiphon
spp.). You indicate that, because of their design, these baskets
are flexible and can be long (and thin) or short (and fat) in
shape, according to the amount of clothes they hold. The bottoms
are squared and the tops are reinforced. The baskets range from
about nine inches to three feet in height.
The applicable subheading for the Category IV plaited clothes
baskets will be 4602.10.1800, HTS, which provides for other (than
certain enumerated) baskets and bags, whether or not lined, of
vegetable plaiting materials. The rate of duty will be 4.5%.
Category V consists of brooms made of chici-chici or mamure
fibers. The items in question range from small hand-held brooms
(five inches to a foot), used in preparation of yuca flour for
cassava bread, to larger, wood-handled brooms for sweeping.
The applicable subheading for the brooms will be 9603.10.9000,
HTS, which provides for brooms and brushes, consisting of twigs or
other vegetable materials bound together, with or without handles,
not of broom corn. The rate of duty will be 10%.
The Generalized System of Preferences (GSP) expired at
midnight, July 31, 1995. If the program is renewed by the
Congress, articles classifiable under subheadings 4601.20.9000,
4602.10.1600, 4602.10.1800 and 9603.10.9000, HTS, which are
products of Venezuela will be entitled to duty free treatment under
the GSP upon compliance with all applicable regulations.
Importation of these products may be subject to regulations
administered by the U.S. Department of Agriculture (U.S.D.A.)
and/or the U.S. Fish and Wildlife Service. Inquiries concerning
applicable regulations may be addressed to those agencies at the
following locations:
U.S. Department of Agriculture
A.P.H.I.S., PPQ
Federal Building, Rm. 628
6505 Bellecrest Road
Hyattsville, MD 20782
Office of Management Authority
U.S. Fish and Wildlife Service
4401 N. Fairfax Drive, Rm. 432
Arlington, VA 22203
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
As a point of information, we note that on page 22 of your
submission of February 9, 1995 (answered by our ruling letter NY
806891, of March 13, 1995) you identified the moriche tree as
"Mauritania flexuosa L.," whereas in your current submission (at
page 8) the moriche tree is referred to as "Mauritia flexuosa L."
We would appreciate a clarification as to whether the earlier
reference was a typographical error or in fact a reference to a
different species.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport