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NY K81641




December 15, 2003
CLA-2-73:RR:NC:N1:113 K81641

CATEGORY: CLASSIFICATION

TARIFF NO.: 7321.13.0040; 7615.19.9000

Ms. Lorianne Aldinger
Rite Aid Corporation
P.O. Box 3165
Harrisburg, PA 17105

RE: The tariff classification of a disposable BBQ grill from China.

Dear Ms. Aldinger:

In your letter dated December 2, 2003, you requested a ruling on tariff classification.

The sample you provided is item 935036, disposable grill. The grill consists of an aluminum foil pan with steel legs and a steel grate. The grill is filled with charcoal and is meant for a one-time use. We were unable to ascertain which metal provided the article with its principal weight.

The applicable subheading for this product, if in principal weight of steel, will be 7321.13.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for stoves, ranges, grates, cookers . . . barbecues, braziers, gas rings, plate warmers and similar nonelectric domestic appliances, of iron or steel, cooking appliances and plate warmers, for solid fuel, portable, other. The general rate of duty will be free.

The applicable subheading for this product, if in principal weight of aluminum, will be 7615.19.9000, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of aluminum, other, other. The general rate of duty will be 3.1 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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