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NY A86157




August 14, 1996

CLA-2-73:RR:NC:GI:113 A86157

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.91.5000

Ms. Crystal L. Osborne
Alfred H. Marzolf, Inc.
157 Yesler Way, Suite 605
Seattle, WA 96104

RE: The tariff classification of smoker boxes from China

Dear Ms. Osborne:

In your letter dated July 30, 1996, on behalf of Sunbeam Leisure Products, you requested a tariff classification ruling.

The merchandise is the Sunbeam Smoker Box. The box is made of cast iron, measuring 7 3/4 inches by 4 3/4 inches by 1 3/4 inches. In use, the box is filled with wood chips and placed on the briquette rack of a charcoal or gas barbecue. The smoldering of the wood chips gives the food a wood-smoked flavor. The item per se is not a cooking device, nor is it necessary to the operation of the barbecue.

The applicable subheading for the smoker box will be 7323.91.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles, of iron or steel, of cast iron, other . The rate of duty will be 5.3 percent ad valorem.

We note that the retail box for the item is not legally marked with the country of origin. The box has the United States address of the retailer on the bottom of the box with the words "Manufactured in China"in close juxtaposition, but considerably smaller size. Section 134.46, Customs Regulations (19 CFR 134.46), requires that in any case in which the words "United States," or "American," the letters "U.S.A.," any variation of such words or letters, or the name of any city or locality in the United States, or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced, appears on an imported article or its container, there shall appear, legibly and permanently, in close proximity to such words, letters, or name, and in at least a comparable size, the name of the country of origin preceded by "Made in," Product of," or other words of similar meaning.

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 James Smyth at 212-466-2084.

Sincerely,

Roger J. Silvestri
Director

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