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NY K88468




August 31, 2004
CLA-2-25:RR:NC:SP:236 K88468

CATEGORY: CLASSIFICATION

TARIFF NO.: 2501.00.0000; 6912.00.4810; 7013.29.1000

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

RE: The tariff classification of Product DM-208087A from China

Dear Mr. Gat:

In your letter dated August 3, 2004, you requested a tariff classification ruling.

The sample submitted, Product DM-208087A, 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 blue, yellow and green colored salts, and two frosted shot glasses each measuring approximately 2 3/8 inches in height and 1 3/8 inches in width at it’s base. Each shot glass is decorated with decals showing a drink recipe and a drawing of the drink in question (in this case, a margarita and a strawberry daiquiri) a small ceramic plate measuring approximately 4 3/4inches in diameter bearing the word “salt “and a decal with the depiction of a salt cellar.

The applicable subheading for the blue, yellow and green 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 toilets 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 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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