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NY F89960




August 8, 2000

CLA-2-09:RR:NC:SP:232 F89960

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.30.0010; 4419.00.8000; 4819.50.4060; 4823.20.9000

Mr. Justin Harper
Shonfeld’s (USA), Inc.
4720 E. 2nd Street – Suite #4
Long Beach, CA 90803

RE: The tariff classification of Product BAG-200941 from China

Dear Mr. Harper:

In your letter dated July 14, 2000, you requested a tariff classification ruling.

You submitted descriptive literature, product photographs and specifications, and samples with your request. As the samples submitted appear to be prototypes, the actual weight of the contents of each item is not specified. The merchandise in question is Product BAG-200941, a shrink-wrapped retail package consisting of 28 “jasmine tea” bags, individually wrapped in paper packets and arranged in a 6 ¾ inch diameter bamboo steamer. For the purposes of this ruling it is assumed that the bags will actually contain jasmine flavored black tea.

The applicable subheading for the “jasmine” tea will be 0902.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Tea, whether or not flavored: Black tea (fermented) and partly fermented tea, in immediate packings of a content not exceeding 3 kg...In tea bags. The rate of duty will be free. However, all immediate containers and wrappings, and all intermediate containers of tea in packages of less than 2.3 kilograms, net, each are dutiable at the rates applicable to such containers and wrappings if imported empty

The applicable subheading for the bamboo steamer will be 4419.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for Tableware and kitchenware, of wood: Other. The rate of duty will be 3.2 percent ad valorem.

The applicable subheading for the paper packets will be 4819.50.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for Cartons, boxes, cases, bags and other packing containers, of paper, paperboard, cellulose wadding or webs of cellulose fibers: Other packing containers, including record sleeves: Other: Other: Other. The rate of duty will be 2.1 percent ad valorem.

The applicable subheading for the tea bags will be 4823.20.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for Other paper...: Filter paper and paperboard: Other. The rate of duty will be 1.5 percent ad valorem.

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 John Maria at (212) 637-7059.

Sincerely,

Robert B. Swierupski
Director,

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