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NY H84094




August 13, 2001

CLA-2-09:RR:NC:SP:232 H84094

CATEGORY: CLASSIFICATION

TARIFF NO.: 0902.10.1000; 0902.30.0090; 7310.29.0050; 7615.19.7030

Mr. Joel McClure
Restoration Hardware
2391 West Winton Avenue
Hayward, CA 94545

RE: The tariff classification of a Tea Gift Assortment from France

Dear Mr. McClure:

In your letter dated July 18, 2001, you requested a tariff classification ruling.

You submitted descriptive literature and a product sample with your request. The merchandise in question is a boxed assortment, your style #3311-0071, that has several components. The sample is being returned to you after examination as you request.

The item consists of a red metal box, 8 inches wide by 6 ¾ inches deep by 3 inches high, with a hinged silver colored lid. Inside the box are four smaller steel canisters, 2 ½ inches high by 2 ½ inches deep by 3 inches wide. These are also red-and-silver colored. These canisters contain four different types of loose tea leaves, the names of which are printed on the lids. There is also a metal tea strainer, or infuser. All of these components rest in a felt padding shaped to hold them in place. The teas are: Darjeeling, a fermented black tea; Earl Grey, a fermented black tea flavored with bergamot oil; Breakfast, a fermented black tea; and Soleil Vert (Green Sun), a green tea flavored with orange oil.

The combination of items in this assortment is not classifiable as a set and therefore each item is classified individually. The applicable subheading for the Soleil Vert will be 0902.10.1000, Harmonized Tariff Schedule of the United States (HTS), which
provides for Tea, whether or not flavored: Green tea (not fermented) in immediate packings of a content not exceeding 3 kg: Flavored. The duty rate will be 6.4 percent ad valorem.

The applicable subheading for the Darjeeling, the Earl Grey, and the Breakfast teas will be 0902.30.0090, 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: Other. The duty rate will be free.

The applicable subheading for the metal canisters and the outer metal box will be 7310.29.0050, Harmonized Tariff Schedule of the United States (HTS), which provides for Tanks, casks, drums, cans, boxes and similar containers, for any material (other than compressed or liquefied gas), of iron or steel, of a capacity not exceeding 300 liters, whether or not lined or heat insulated, but not fitted with mechanical or thermal equipment: Of a capacity of less than 50 liters: OtherOther. The rate of duty will be free.

The applicable subheading for the tea infuser will be 7615.19.7030, Harmonized Tariff Schedule of the United States (HTS), which provides for Table, kitchen or other household articles and parts thereof, of aluminum: Other: Cooking and kitchenware: Not enameled or glazed and not containing nonstick interior finishes: Other Cooking ware. The rate of duty will be 3.1 percent ad valorem.

You also inquire about the country of origin and marking requirements for this product. The marking statute, Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the United States the English name of the country of origin of the article.

As provided in Part 134.41(b), Customs Regulations (19 CFR 134.41(b), the country of origin marking is considered conspicuous if ultimate purchaser in the United States is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, Part 134.41(a), Customs Regulations (19 CFR 134.41(a), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, Part 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable. In the case of the subject merchandise, proper country of origin information about each part of the item on the outside of the retail package would be sufficient. The sample was in part correctly marked. The addition to the label of the information about the infuser, canisters, and box would be sufficient in this instance. The correct country of origin marking should include the following: Earl Grey: China; Darjeeling: India; Breakfast: Sri Lanka and India; Soleil Vert: China; infuser, canisters, and box: France.

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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