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NY J81543




March 14, 2003

CLA-2-82:RR:NC:N1:113 J81543

CATEGORY: CLASSIFICATION

TARIFF NO.: 8215.99.5000

Ms. Maria Da Rocha
D & D Customhouse Brokerage, Inc.
701 Newark Avenue
Suite LL1
Elizabeth, NJ 07208

RE: The tariff classification of the Whisk Grip and Flip from China.

Dear Ms. Da Rocha:

In your letter dated February 26, 2003, you requested a ruling on behalf of Tristar Products on tariff classification.

The samples you provided are two whisk utensils. The Whisk Grip and Flip acts both as a whisk and a pair of tongs. Two flat, whisks are at the ends of hinged, plastic handles. When held together, the item can be used as a whisk. When the release slide is moved, the handles separate, allowing the item to be used as tongs.

The applicable subheading for this product will be 8215.99.5000, Harmonized Tariff Schedule of the United States (HTS), which provides for spoons, forks, ladles, skimmers, cake servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware... other. The general rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R.).

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 646-733-3018.

Sincerely,

Robert B. Swierupski
Director,

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