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NY A88119




October 17, 1996

CLA-2-44:RR:NC:2:230 A88119

CATEGORY: CLASSIFICATION

TARIFF NO.: 4419.00.8000; 4421.90.6000

Mr. Chi He Wong
New Shun Hing Corp.
6211 8th Ave.
Brooklyn, NY 11220

RE: The tariff classification of bamboo chopsticks and bamboo skewers from China

Dear Mr. Wong:

In your letter dated September 25, 1996 you requested a tariff classification ruling and import information.

The ruling was requested on bamboo chopsticks and on eight inch long and six inch long bamboo skewers. The chopsticks will be packed in pairs wrapped in paper and one thousand pairs to a case. The skewers will be packed one hundred pieces in a plastic bag and ten bags to a small box and ten small boxes to a case.

The applicable subheading for the bamboo chopsticks will be 4419.00.8000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other tableware and kitchenware, of wood. The rate of duty will be 4.3 percent ad valorem.

The applicable subheading for the eight inch long and the six inch long bamboo skewers will be 4421.90.6000, HTSUSA, which provides for other articles of wood; toothpicks, skewers, candy sticks, ice cream sticks, tongue depressors, drink mixers and similar small wares. The rate of duty will be 6.8 percent ad valorem.

Section 304 of the Tariff Act, as amended (19 U.S.C. 1304), requires that, unless excepted, every article of foreign origin (or its container) must be legibly, permanently, and conspicuously marked to indicate the English name of the coutry of origin to an ultimate purchaser in the United States. Accordingly, each pair of chopsticks and each bag of skewers must be marked "Made in China."

Importations of these products may be subject to import regulations administered by the U.S. Food and Drug Administration (F.D.A.). Information regarding applicable regulations administered by the F.D.A. may be addressed to that agency at the following location:

U.S. Food and Drug Administration
Division of Regulatory Guidance
HFF 314, 200 C Street, SW
Washington, D.C. 20204

For additional general import information we are enclosing the pamphlet, "United States Import Requirements."

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 212-466-5779.

Sincerely,


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