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NY R00583





July 30, 2004

CLA-2-79:RR:NC:N1:113 R00583

CATEGORY: CLASSIFICATION

TARIFF NO.: 8210.00.0000

Mr. Troy D. Crago
Atico International, USA
501 South Andrews Avenue
Fort Lauderdale, FL 33301

RE: The tariff classification of a can opener from China.

Dear Mr. Crago:

In your letter dated July 16, 2004, you requested a ruling on tariff classification.

The merchandise is a number of can openers, items C038GA00871, C038IA02840, and C038IA02883. Each of the can openers has a serrated wheel or gear that rolls and cuts around the rim of the can when the opener’s handle is turned. The Explanatory Notes to Section XV 82.10 indicate that that heading includes mechanical can openers that have crank-handles and gearing.

The applicable subheading for this product will be 8210.00.0000, Harmonized Tariff Schedule of the United States (HTS), which provides hand operated mechanical appliances, weighing 10 kg or less, used in the preparation, conditioning or serving of food or drink. The general rate of duty will be 3.7 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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