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NY 895266





March 28, 1994

CLA-2-82:S:N:N3:119 895266

CATEGORY: CLASSIFICATION

TARIFF NO.: 8215.20.0000; 9603.90.8050

Mr. Robert Ridder
B & B Customs Brokers, Inc.
P.O. Box 129
Wood Dale, IL 60191

RE: The tariff classification of a barbecue set from China

Dear Mr. Ridder:

In your letter dated February 10, 1994, received March 7 by this office, you requested a tariff classification ruling on behalf of Regis Marketing Company, Milwaukee, WI. You subsequently amended your original ruling request by a memorandum dated March 24, 1994.

The barbecue set to be imported consists of a fork, a spatula, tongs and a brush in a roll-up canvas bag with leather strap that has four pockets varying in width to hold the utensils. The three tools are made of stainless steel with wood handles and the brush bristles are made of pig hair. The F.O.B. price of the fork is well over $1.00 each. The set will be packed in a plastic bag and will be sold or given away to the ultimate user in that container without repacking.

The applicable subheading for the complete barbecue set will be 8215.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter knives, sugar tongs and similar kitchen or tableware, and base metal parts thereof... other sets of assorted articles. The rate of duty for the complete set will be the rate applicable to that article in the set subject to the highest rate of duty. In this case the highest rate of duty will be that of the brush, 5.6 percent, under subheading 9603.90.8050, HTS.

There is no quota restriction or visa requirement for this merchandise if imported in the condition stated above.

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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