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NY D85365




December 18, 1998

CLA-2-45:RR:NC:SP:230 D85365

CATEGORY: CLASSIFICATION

TARIFF NO.: 4503.10.4000

Ms. Ida Dearinger
Rialto International, Inc.
P.O. Box 24583
Seattle, WA 98124

RE: The tariff classification of a bottle stopper from Italy.

Dear Ms. Dearinger:

In your letter dated December 3, 1998, on behalf of your client, il cinghiale (Seattle, WA), you requested a tariff classification ruling.

A sample was submitted and is being returned to you as requested. It is a natural cork bottle stopper which has a decorative, knob-like ceramic handle permanently attached at the top. The cork portion of the article tapers from a diameter of slightly over 19 mm at the upper end to about 16 mm at the lower end, and is approximately 30 mm in length. The cork, in view of its predominant role in the function of the stopper, is considered to be the component which imparts the essential character of the overall product.

The applicable subheading for the above-described cork/ceramic stopper will be 4503.10.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of natural cork: corks and stoppers: tapered and of a thickness (or length) greater than the maximum diameter: other (than with a maximum diameter not over 19 mm): other (than wholly of cork). For the remainder of 1998, the rate of duty will be 3.1 cents per kilogram based on the total net weight. Effective January 1, 1999, the rate of duty will be free.

We note that the sample is not marked with its country of origin. When imported into the United States, the item (or, if applicable, its immediate container which will reach the ultimate purchaser) will be required to be so marked (e.g., "Made in Italy"), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser.

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,

Robert B. Swierupski
Director,

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