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NY K88651




September 1, 2004
CLA-2-25:RR:NC:SP:236 K88651

CATEGORY: CLASSIFICATION

TARIFF NO.: 2106.90.9972; 2501.00.0000; 6912.00.4810; 7323.99.9060

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

RE: The tariff classification of Product DM-207438 from China

Dear Mr. Gat:

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

The sample submitted, Product DM-207438, consists of a bottle of green and yellow salts measuring approximately 45ml, two cocktail glasses measuring approximately 5 1/4 inches in height and 2 3/4 inches in width at it’s base, a bottle of margarita mix measuring approximately 250ml, a small ceramic plate measuring approximately 5 ¾ inches in diameter, and an oblong tin basket measuring approximately 4 1/2 inches in height, 10 ¾ inches in length and 6 ¼ inches in width.

The applicable subheading for margarita mix will be 2106.90.9972, Harmonized Tariff Schedule of the United States (HTS), which provides for food preparations not elsewhere specified or includedother otherpreparations for the manufacture of beveragesother. The rate of duty will be 6.4 percent ad valorem.

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.

The applicable subheading for the oblong tin basket will be 7323.99.9060, Harmonized Tariff Schedule of the United States (HTS), which provides for table, kitchen or other household articles and parts thereof, of iron or steelother, other, not coated or plated with precious metal, other, other, other. The rate of duty will be 3.4 percent ad valorem.

We are unable to render a classification on the cocktail glasses without a price breakdown. Please submit a sample of this item when you resubmit your request with the price breakdown.

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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