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NY R00845




September 27, 2004

CLA-2-82:RR:NC:N1:118 R00845

CATEGORY: CLASSIFICATION

TARIFF NO.: 8215.20.0000/6211.43.0091

Mr. Joe Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of a barbecue tool set with apron from China.

Dear Mr. Hoffacker:

In your letter dated September 21, 2004, you have requested a tariff classification ruling on behalf of your client, Big Lots Stores, Inc., Columbus, OH.

Item H169/BBQ06M-01 is a barbecue tool set with apron. The set is comprised of salt and pepper shakers, turner, fork, tongs, oven mitt, and bib apron. The salt and pepper shakers are made of stainless steel. The turner, fork and tongs are stainless steel and have wooden handles. The oven mitt is constructed of woven cotton and the unisex bib apron is made of woven polyester. The apron is designed with pockets to hold each of the components.

The applicable subheading for the barbecue tool set with apron will be 8215.20.0000, HTS, which provides for spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware; and base metal parts thereof: other sets of assorted articles. The rate of duty will be the rate of duty applicable to that article in the set subject to the highest rate of duty. The article in this set subject to the highest rate of duty is the apron, classifiable in subheading 6211.43.0091, HTS, which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The rate of duty will be 16% ad valorem.

Even though the apron is included as a constituent part of the set for classification purposes, it still falls within textile category 659, and products originating in China are subject to visa and quota requirements which must still be met.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 Kathy Campanelli at 646-733-3021.

Sincerely,

Robert B. Swierupski
Director,

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