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NY 801301





September 9, 1994

CLA-2-38:S:N:N7:239 801301

CATEGORY: CLASSIFICATION

TARIFF NO.: 3823.90.5050

Mr. Anthony Lemme
President
Epicurean International Corporation
27 Turnberry Road
Wallingford, CT 06492

RE: The tariff classification of a Beverage Chiller from Taiwan.

Dear Mr. Lemme:

In your letter dated August 12, 1994, you requested a tariff classification ruling on a ceramic ice beverage chiller. The sample submitted with your inquiry consists of a cooling agent (TC 23 thermal clay) enclosed in a nylon, polyester foil poly foam outer bag and a nylon/polypropylene inner bag. A spandex stretch seam attaches both ends of the outer bag. When frozen, the beverage chiller is placed over a bottle whose contents will be chilled in five minutes.

The applicable subheading for the beverage chiller will be 3823.90.5050, Harmonized Tariff Schedule of the United States (HTS), which provides for prepared binders for foundry molds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included; residual products of the chemical or allied industries, not elsewhere specified or included: other. The rate of duty will be 5 percent ad valorem.

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.

Sincerely,

Jean F. Maguire
Area Director

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