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NY K88173





August 24, 2004
CLA-2-73:RR:NC:1:126 K88173

CATEGORY: CLASSIFICATION

TARIFF NO.: 7323.93.0080

Mr. Philip Kwok
Lifetime Hoan Corporation
One Merrick Avenue
Westbury, NY 11590-6601

RE: The tariff classification of a stainless steel salt and pepper holder from China

Dear Mr. Kwok:

In your letter dated July 29, 2004, you requested a tariff classification ruling. Three illustrative samples of the items you wish to import were submitted with your ruling request. These samples are being returned to you.

Item #3255 is described as a stainless steel salt and pepper holder. The holder is composed of a one-inch high open grid strip of stainless steel shaped into a letter “S” which lays horizontally on a wooden base. A six-inch high metal rod with a wooden carrying handle is inserted from the base through the center of the letter “S”. The article measures approximately six inches in length. One loop of the “S” is designed to hold a salt shaker and the other loop a pepper shaker.

The applicable subheading for the stainless steel salt and pepper holder will be 7323.93.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen, or other household articles and parts thereof, of iron or steel, other, of stainless steel, other. The general rate of duty will be 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 James Smyth at 646-733-3018.

In order to issue a ruling on Item #3260 and Item #3249, we need the following additional information. Please submit the additional information indicated below.

Item #3260 is described as a stainless steel 2-tier dessert tray with 5 ceramic inserts. Please provide a unit value breakdown for each component that make up the article (i.e., steel, wood, ceramic). Regarding the ceramic inserts, please identify the type of ceramic (porcelain, earthenware, and stoneware).

Item #3249 is described as a stainless steel condiment dish with 3 glass inserts. Please provide a unit value breakdown for each component that make up the article (i.e., steel, wood, glass). Please indicate the unit value of a single glass insert (not the set of 3) - the price at which a single glass insert is sold by the foreign firm to the American importer.

Please provide any available advertising or marketing literature indicating how these two items (3260 and 3249) will be used and marketed.

When this information is available, you may wish to consider resubmission of your request.

If you resubmit the request, please resubmit the two samples as well as a copy of your original letter and attachments, along with the additional information requested in this notice.

Please mail your request to U.S. Customs and Border Protection, One Penn Plaza, 10th Floor, Customs Information Exchange, attention: Binding Rulings Section.

If you have any questions regarding the above, contact National Import Specialist Jacob Bunin at 646-733-3027.

Sincerely,

Robert B. Swierupski
Director,

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