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NY K88453




August 31, 2004
CLA-2-25:RR:NC:SP:236 K88453

CATEGORY: CLASSIFICATION

TARIFF NO.: 2510.00.0000; 6912.00.4810; 7013.29.1000; 8215.99.2000

Mr. Shachar Gat
Shonfield’s USA, Inc.
3100 S Susan Street
Santa Ana, CA 92704

RE: The tariff classification of DM-208087B from China

Dear Mr. Gat:

In your letter dated August 3, 20004, you requested a tariff classification ruling.

The sample submitted, Product DM-208087B, consists of a clear glass bottle measuring approximately 4 1/2 inches in height and 2 inches in width at it’s base with a metal cap filled with green colored salt, two clear shot glasses measuring approximately 2 3/8 inches in height and 1 3/8 inches in width at it’s base, an olive fork measuring approximately 5 inches in length, a small ceramic plate measuring approximately 4 ¾ inches in diameter with the a depiction of a lime decaled on it.

The applicable subheading for the white and green colored salts 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; sea water. The rate of duty will be Free.

The applicable subheading for the small ceramic plate (non-porcelain) will be 6912.00.4810, Harmonized Tariff Schedule of the United States (HTS), which provides for ceramic tableware, kitchenware, other household articles and toilet articles, other than of porcelain or china: table and kitchenware: other: other: other: other. The duty rate will be 9.8 percent ad valorem.

When valued not over thirty cents each, the applicable subheading for the two shot glasses will be 7013.29.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for drinking glasses...other: other: valued not over thirty cents each. The rate of duty will be 28.5 percent ad valorem.

The applicable subheading for the olive fork will be 8215.99.2000, Harmonized Tariff Schedule of the United States (HTS), which provides for forksotherforkswith rubber or plastic handles. The rate of duty will be 0.5 cents each plus 3.2 percent ad valorem.

The salt products may be subject to the regulations of the Food and Drug Administration (FDA). Questions regarding FDA requirements may be addressed to the Food and Drug Administration, 5600 Fishers Lane, Rockville, Maryland 20857. The telephone number is (301) 443-1544.

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 Debra Wholey at 646-733-3034.

Sincerely,

Robert B. Swierupski
Director,

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