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NY H80871




May 25, 2001

CLA-2-44:RR:NC:SP:230 H80871

CATEGORY: CLASSIFICATION

TARIFF NO.: 4419.00.8000

Mr. Jeffrey E. Berman
Chesta Co., Inc.
11216 Pickerington Road N.W.
Pickerington, OH 43147

RE: The tariff classification of a wooden tray from China.

Dear Mr. Berman:

In your letter dated May 3, 2001, you requested a tariff classification ruling. Your request encompasses four products, samples of which were submitted for our review:
a wooden tray with a printed, tempered glass insert (liner) a plain wooden tray a sheet of printed tempered glass a sheet of unprinted tempered glass

This ruling concerns only item 2), the plain wooden tray. The other items will be addressed separately at a later date, following lab analysis of the glass samples.

The tray consists of a continuous wooden panel, approximately 13¼” x 16¼”, with straight, 1”-high wooden rims along the sides and arching, 2¼”-high (maximum) wooden rims along the ends. The center of each end rim has an opening designed to serve as a handgrip. All surfaces of the article exhibit a reddish color and are said to have a lacquered finish.

The applicable subheading for the wooden tray (imported without glass liner) will be 4419.00.8000, Harmonized Tariff Schedule of the United States (HTS), which provides for tableware and kitchenware, of wood, other than forks and spoons. The rate of duty will be 3.2%.

When imported into the United States, the tray (or its immediate retail container) will be required to be marked with its country of origin (e.g., “Made in China”), legibly, in a conspicuous place, and in a manner sufficiently permanent to reach the ultimate purchaser. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in 19 CFR 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect.

This ruling is being issued under the assumption that the subject goods, in their condition as imported into the United States, conform to the facts and the description as set forth both in the ruling request and in this ruling. In the event that the facts or merchandise are modified in any way, you should bring this to the attention of Customs and you should resubmit for a new ruling in accordance with 19 CFR 177.2. You should also be aware that the material facts described in the foregoing ruling may be subject to periodic verification by the Customs Service.

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 212-637-7009.

Sincerely,

Robert B. Swierupski
Director,

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