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NY K80431




November 25, 2003
CLA-2-17:RR:NC:SP:232 K80431

CATEGORY: CLASSIFICATION

TARIFF NO.: 1701.91.1000; 1701.91.3000; 2501.00.0000; 6912.00.4810; 8215.99.2000

Mr. Shachar Gat
Shonfeld’s USA
16871 Noyes Avenue
Irvine, CA. 92606

RE: The tariff classification of Product DM-205582 from China

Dear Mr. Gat:

In your letter dated October 23, 2003, you requested a tariff classification ruling.

You submitted descriptive literature with your request. Mock-up product samples were also included in the submission. As the samples submitted are prototypes, the actual weight of the contents is not specified.

The subject merchandise is Product DM-205582, marketed as party drink sets. There were three different assortments, each for a particular drink, although no alcohol was included. All are packaged for retail sale in clear acetate boxes measuring approximately 6 inches high, 6 inches wide, and 3 inches deep. The packaging of all three products details drink recipes that the consumer can make when combining specific liquors while using the “drink sets”.

Each of the boxes contains a 5¾-inch tall, wishbone-shaped, glass bottle, a small (4½ inch) metal two-tined fork (for spearing fruit) with a plastic handle, and a 5½-inch diameter ceramic (non-porcelain) dish. All of the dishes are 1½ inches deep, with a raised circular ridge, approximately 3 inches in diameter, in the center. The dishes are colored to correspond with the color of the contents of the bottles.

The first item is “Margarita”. This consists of a glass bottle that is said to contain green, orange and white striped salt. There is also a ceramic dish that is green on the inside and red on the outside, and a metal two-tined fork decorated with a cactus.

The second product is called “Piña Colada”. This also has a 5½-inch diameter ceramic dish, but this one is colored blue on the inside and green on the outside. The other components are a bottle of white, blue, and yellow striped sugar, and a metal two-tined fork decorated with a coconut palm tree.

The last item is the “Daiquiri Rimmer”. In this case the small ceramic dish is yellow inside and red outside. Also included in the box are a bottle of pink, orange, and white striped sugar and a metal two-tined fork decorated with a monkey’s face on the handle.

The combination of items in Product DM-205582 is not classifiable as a set and therefore each item is classified individually. It is assumed, for the purposes of this ruling, that the polarity of the sugar is 99.5 degrees or above, and that the sugar is derived from sugar cane or sugar beet. The applicable subheading for the white, blue, and yellow striped sugar and the pink, orange, and white striped, if described in additional U.S. note 5 to chapter 17 and entered pursuant to its provisions, will be 1701.91.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for Cane or beet sugar and chemically pure sucrose, in solid form: Other: Containing added flavoring or coloring matter: Containing added coloring but not containing added flavoring matter: Described in additional U.S. note 5 to this chapter and entered pursuant to its provisions. The rate of duty will be 3.6606 cents per kilogram less 0.020668 cents per kilogram for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 3.143854 cents per kilogram. If not described in additional U.S. note 5 to chapter 17 and not entered pursuant to its provisions, the applicable subheading will be 1701.91.3000, HTS. The duty rate will be 35.74 cents per kilogram. In addition, products classified under subheading 1701.91.3000, HTS, will be subject to additional duties based on their value as described in subheadings 9904.17.08 to 9904.17.15, HTS.

The applicable subheading for the green, white and orange striped salt will be 2501.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for Salt (including table salt and denatured salt) and pure sodium chloride, whether or not in aqueous solution or containing added anticaking or free flowing agents. The rate of duty will be free.

The applicable subheading for the ceramic (non-porcelain) dishes will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for Ceramic tableware, kitchenware, and other household articles and toilet articles, other than of porcelain or china: Tableware and kitchenware: Other: Other: OtherSuitable for food or drink contact. The rate of duty will be 9.8 percent ad valorem.

The applicable subheading for the two-tined forks will be 8215.99.2000, 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: Other: Forks: With rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 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 (646) 733-3031.

Sincerely,

Robert B. Swierupski
Director,

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