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NY C87358





May 19, 1998

CLA-2-85:RR:NC:MM:113 C87358

CATEGORY: CLASSIFICATION

TARIFF NO.: 8509.40.0015; 8509.40.0025

Ms. Lynn King
Tupperware Worldwide
14901 S. Orange Blossom Trail
Orlando, FL 32837

RE: The tariff classification of food mixers from China

Dear Ms. King:

In your letter dated April 28, 1998, you requested a tariff classification ruling.

The merchandise is two types of food mixers. The first is the T2002 electrical hand mixer. It has a variable speed control and two beater attachments. The second item is the T2001 hand blender. This is a wand-type blender, about 14 inches high.

The applicable subheading for the hand mixer will be 8509.40.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, food grinders, processors and mixers, other food mixers. The rate of duty will be 4.2 percent ad valorem.

The applicable subheading for the hand blender will be 8509.40.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for electromechanical domestic appliances, with self-contained electric motor, food grinders, processors and mixers, blenders. The rate of duty will be 4.2 percent ad valorem.

We note that the country-of-origin marking on the boxes is questionable, because the words "In the U.S.A." and the US address, although not making a direct claim of origin, are more prominent that the marking "Made in China." Before importing the item, we suggest you contact your local Customs port for advice on unambiguous marking.

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,

Robert B. Swierupski
Director

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